Vikas Jaiswal vs State Of U.P. And Another
2022 Latest Caselaw 19464 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 25026 of 2022
 

 
Applicant :- Vikas Jaiswal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard learned counsel for the applicant, learned AGA 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 10.01.2016 and cognizance order dated 07.07.2016 as well as entire proceedings of Criminal Case No. 1405 of 2016 arising out of Case Crime No. 259 of 2016, under Sections 147, 148, 149, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act, P.S. Mau Aima, District Allahabad.

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 Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022.

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 judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, her bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 1.12.2022

Sanjeet