Faheem Shah And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 19997 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 24196 of 2022
 

 
Applicant :- Faheem Shah And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Jitendra Singh,Ratish Kumar Singh
 
Counsel for Opposite Party :- G.A.,Abdul Majid
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Jitendra Singh, learned counsel for the applicants, learned AGA for the State and Sri Abdul Majid, learned counsel for opposite party no. 2.

Sri Jitendra Singh, learned counsel for applicants, after arguing at some length, on instructions, submits that this application is not pressed on merit and further submits that applicants are desirous to appear before the learned trial Court in pursuance of charge sheet dated 06.02.2020 and cognizance order dated 10.07.2020 in Case No. 581 of 2021 (State vs. Faheem Shah and others) arising out of Case Crime No. 46 of 2020 under Sections 323, 504, 308 IPC, Police Station Fatehganj West, District Bareilly, pending in the court of Additional Chief Judicial Magistrate, Court Room No. 6, Bareilly and further prays that learned trial Court be directed to consider their bail application in view of the judgment passed by Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

Learned A.G.A. for the State and learned counsel for opposite party no. 2. has no objection if such a prayer of counsel for applicants is accepted.

In view of the above submissions, the prayer made in this application is rejected.

This application is disposed of only to the extent that in the event, the applicants appear before the learned trial Court in the above referred case within a period of two weeks from today and file bail application, the same shall be considered in the light of the judgment of the Supreme Court in the case of Satendra Kumar Antil (supra).

Order Date :- 5.12.2022

Puspendra

(Serial No. 53/389 fresh cases)