Mahendra Kumar Bharti And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 20180 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 34526 of 2022
 

 
Applicant :- Mahendra Kumar Bharti And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinod Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Pradeep Yadav, Advocate holding brief of Sri Vinod Kumar, learned counsel for the applicants, Sri Suresh Bahadur Singh, learned AGA for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the proceedings of Criminal Case No. 32741 of 2018 arising out of Case Crime No. 1248 of 2017, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Kalyanpur, District Kanpur Nagar pending in the court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.

Learned counsel for the applicants 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 cases 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 cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within four 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 cases of Satender Kumar Antil (supras).

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

Order Date :- 6.12.2022

AK Pandey