Ayyub Ansari And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 20184 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 33534 of 2022
 

 
Applicant :- Ayyub Ansari And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shantanu Srivastava
 
Counsel for Opposite Party :- G.A.,Pavan Kumar
 

 
Hon'ble Sameer Jain,J.

Heard Sri Shantanu Srivatava, learned counsel for the applicants, Sri Pawan Kumar, learned counsel for opposite party no.2 and Dr. S.B.Maurya, learned AGA-I, for the State and perused the record of the case.

The instant application has been moved on behalf of applicants with the prayer to quash the entire proceedings of Case No. 321 of 2022 arising out of Case Crime No. 346 of 2021, under Sections 452,323, 504, 506 and 308 IPC, Police Station Afzalgarh, District Bijnor pending in the court of Additional Civil Judge (Senior Division) Court No.1/Additional Chief Judicial Magistrate, Bijnor as well as charge sheet dated 4.12.2021 and cognizance order dated 19.4.2022.

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 counsel for opposite party no.2 and the learned AGA are 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 :- 6.12.2022/SKM