Rajan Pal And Another vs State Of U.P. And Another
2022 Latest Caselaw 20358 ALL

Citation : 2022 Latest Caselaw 20358 ALL
Judgement Date : 7 December, 2022

Allahabad High Court

Rajan Pal And Another vs State Of U.P. And Another on 7 December, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 4308 of 2022
 
Applicant :- Rajan Pal And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Ayansh Khan, Advocate holding brief of Sri Santosh Kumar Upadhyay, learned counsel for the applicants, Sri Varun Kumar Agnihotri, learned Brief Holder for the State, and perused the record of the case.

By way of the present application, the applicants have made a prayer to quash the impugned orders dated 6.11.2018 and 7.12.2018 passed in Case No.14 of 2018 arising out of Charge Sheet No.215/17, under Sections 323, 504, 506 IPC and 3(2)(5)(a) of SC/ST Act, 1989 whereby learned Additional District and Sessions Judge, Court No.2 has proceeded to issue non-bailable warrant against the applicants pursuant to summoning order dated 6.1.2018.

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 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 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 four 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 off.

Order Date :- 7.12.2022

Gaurav