Smt. Rihana And Another vs State Of U.P. And Another
2022 Latest Caselaw 20392 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 40619 of 2022
 

 
Applicant :- Smt. Rihana And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dinesh Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Dinesh Kumar Gupta, learned counsel for the applicants, Sri Jhamman Ram, learned AGA, for the State, and perused the record of the case.

By way of the present application, the applicants have made a prayer to set aside the order dated 19.5.2022 passed by Judicial Magistrate Ist, Meerut by which Non-bailable warrants have been issued against the applicants in Case Crime No. 369 of 2019, under Sections 498A, 323 and 307 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mundali, District Meerut.

At the very outset, learned counsel for the applicants submits that although Non-bailable warrants issued against the applicants have been challenged in the present matter but he does not want to press the present application on merit and he confines his pray 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 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 of.

Order Date :- 8.12.2022

SKM