Ambrish Kumar Dubey vs State Of U.P. And Another
2022 Latest Caselaw 9132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 19447 of 2022
 

 
Applicant :- Ambrish Kumar Dubey
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ashok Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard SriAshok Kumar Singh, learned counsel for the applicant, Sri 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 proceedings of Case No.19104 of 2020 (State Vs. Ambrish Kumar Dubey) arising out of Case Crime No.491 of 2019, under Sections 406, 419, 420, 506 IPC, Police Station Cholapur, District Varanasi as well as the impugned non-bailable warrant dated 24.05.2022, pending in the court of A.C.J.M.-I, Varanasi.

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

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