Smt. Archana vs State Of U.P. And 3 Others
2022 Latest Caselaw 9333 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 23333 of 2022
 

 
Applicant :- Smt. Archana
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Arunesh Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Arunesh Singh, learned counsel for the applicant, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the Charge sheet dated 30.10.2020 arising out of Case Crime No. 197 of 2020 (State Vs. Archana and others) and proceedings of Case No. 1333 of 2021, under Sections 342, 506, 354, 323, 34 IPC and 9g/10 POCSO Act, Police Station Khandauli, District Agra pending in the court of Additional Session Judge 27/Special Judge POCSO Act.

Sri Arunesh Singh, learned counsel for the applicant 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 is 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 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 direction/observation, the present application is, accordingly, disposed of.

Order Date :- 4.8.2022

AK Pandey