Citation : 2022 Latest Caselaw 8938 ALL
Judgement Date : 2 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 22809 of 2022 Applicant :- Vijay Shankar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri J.P.Yadav, learned counsel for the applicants, Sri Jhamman Ram, learned A.G.A. for the State and perused the record of the case.
The instant application has been moved by application with the prayer to quash the chargesheet No. 31/22 dated 22.03.2022 as well as entire proceedings of Case No.5272 of 2022 arising out of Case Crime No. 008 of 2022 under Sections 147, 148, 149, 323, 504, 506, 452, 354-kha, 308, 325/34 I.P.C., Police Station-Koirauna, District-Bhadohi pending in the Court of Judicial Magistrate-II, Bhadohi.
At the very outset, learned counsel for the applicants submits that he does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicants in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773.
Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).
Accordingly, it is directed that if applicants appear before the trial court within two weeks from today and move bail application then their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supra).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 2.8.2022
SKM
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