Atul Kumar vs State Of U.P.
2022 Latest Caselaw 9595 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 1105 of 2017
 

 
Applicant :- Atul Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Amrendra Nath Tripathi,Ajay Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant(s) as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of the charge-sheet no.26 of 2016 dated 09.02.2016 filed in Crime/FIR No.01330 of 2015, under Sections 406, 504 and 506 IPC lodged at Police Station Dargah Sharif, District Bahraich, for quashing of order dated 13.04.2016 by means of which cognizance was taken and the applicant was summoned to face trial and for quashing of the entire proceedings of Criminal Case No.2538 of 2016, pending in the Court of Civil Judge, Senior Division, Fast Track Court, Bahraich.

3. Learned counsel for the applicant(s) submits that the applicant(s) want(s) to surrender and apply for regular bail. Only prayer is that while considering the bail application of the applicant(s), trial Court should take into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

4. Considering the aforesaid submission, present application is disposed of with liberty to the applicant(s) to surrender before the trial Court within a period of 15 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant(s) in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

Order Date :- 6.8.2022

MVS/-