Shahnaj And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 8972 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 18016 of 2022
 

 
Applicant :- Shahnaj And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Javed Akhtar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Chandrabhan, Advocate holding brief of Mohd. Javed Akhtar, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the charge-sheet no. 287 of 2019 dated 13.09.2019, under Sections 307, 323 IPC arising out of Case Crime No. 146 of 2018 and summoning/cognizance order dated 04.03.2020, Police Station C.B. Ganj, District Bareilly pending in the court of Additional Chief Judicial Magistrate, IVth, Bareilly.

Mohd. Javed Akhtar, learned counsel for the applicants 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 three weeks from today and apply for bail 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

AK Pandey