Citation : 2022 Latest Caselaw 9133 ALL
Judgement Date : 3 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 14072 of 2022 Applicant :- Ramji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Bratendra Singh, learned counsel for the applicant, Sri Tanay Kumar, learned AGA, for the State, and perused the record of the case.
The instant application has been moved by applicant with the prayer to quash the charge sheet dated 7.6.2020 and cognizance order and as well as entire proceeding of Case No.490 of 2022 arisng out of Case Crime No.26 of 2020, under Sections 323, 504 and 325 IPC, Police Station Malawan, District Etah, pending in the court of Judicial Magistrate Etah.
At the very outset, learned counsel for the applicant 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 applicant 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 are having no objection, if such a 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).
Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and moves bail application 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 direction/observation, the present application is, accordingly, disposed of.
Order Date :- 3.8.2022
SKM
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