Dambar Yadav And 2 Others vs State Of U.P.And Another
2022 Latest Caselaw 9085 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 
Case :- APPLICATION U/S 482 No. - 19488 of 2022
 
Applicant :- Dambar Yadav And 2 Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Ravi Shankar Tripathi
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Sameer Jain,J.

Heard Ms. Garima Sahu, Advocate holding brief of Sri Ravi Shankar Tripathi, learned counsel for the applicants, Dr. S. B. Maurya, learned AGA-I for the State and perused the record of the case.

The instant application u/s 482 Cr.P.C. has been moved on behalf of the applicant with a prayer to quash the entire proceedings of Special Sessions Trial No.548 of 2019 (State Vs. Dambar and others) arising out of Case Crime No.319 of 2019, under Sections 452, 323, 504, 506, 354, 325 IPC & Sections 3(1)(Da), 3(1)(Dha) and 3(2)5Ka SC/ST (PA) Act, Police Station Gunnaur, District Sambhal, charge-sheet dated 19.08.2019 as well as the issuance/congnizance/summoning order dated 02.12.2019 passed by Additional Sessions Judge/Special Judge (SC/ST Act)/FTC, Sambhal at Chandausi, pending in the court of Additional Sessions Judge/Special Judge (SC/ST Act)/FTC, Sambhal at Chandausi.

At the very outset, learned counsel for the applicant submitted that he does not wish to press the prayer made in the present application and he confines his prayer to the extent that the lower court may be directed to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773.

Learned AGA is having no objection, if any such direction is given to the court concerned to decide the bail application of the applicant in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).

In view thereof, it is provided that if applicant appears or brought before the court concerned within three weeks from today and apply for bail then, his 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 directions/observations, the present application u/s 482 Cr.P.C. is accordingly disposed of

Order Date :- 3.8.2022/Zafar