Manoj Kumar And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 20008 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 36328 of 2022
 

 
Applicant :- Manoj Kumar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandra Prakash Garg
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Chandra Prakash Garg, learned counsel for the applicant, Dr. S.B.Maurya, learned AGA-I for the State.

By way of the present application, the applicants have made a prayer to quash the entire proceedings of Complaint Case No. 1034 of 2016, under Sections 420, 406 and 120B IPC pending in the court of Judicial Magistrate First, Chitrakoot as well as summoning order dated 24.11.2017.

At the very outset, learned counsel for the applicants submits that he 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 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 applicants in the light of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and move bail application 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 (supras).

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

Order Date :- 5.12.2022

SKM