Dileep Yadav And Anr vs State Of U.P. And Anr
2022 Latest Caselaw 9875 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 16991 of 2018
 

 
Applicant :- Dileep Yadav And Anr
 
Opposite Party :- State Of U.P. And Anr
 
Counsel for Applicant :- Chandra Prakash Misra,Munna Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Munna Tiwari, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the Charge sheet dated 26.10.2017 arising out of Case Crime No.380 of 2017 and proceedings of S.S.T. No. 64 of 2018, under Sections 323, 504, 506 IPC and 3(1) da SC/ST Act, Police Station Patherwa, District Kushinagar pending before Upper District Judge/A.D.J.-III, Kushinagar.

Sri Munna Tiwari, 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 applicants 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 applicants in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and apply for bail then, their 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 :- 10.8.2022

AK Pandey