Citation : 2022 Latest Caselaw 20772 ALL
Judgement Date : 12 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 41266 of 2022 Applicant :- Rajendra Pratap Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Atul Kumar Yadav, Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the applicants, Sri Tanay Kumar, 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 charge-sheet no. 824 of 2020 in Criminal Case No. 728 of 2022 arising out of Case Crime No. 991 of 2020, under Sections 323, 504, 506, 452 IPC, Police Station Nawabganj, District Prayagraj pending in the court of Additional Chief Judicial Magisrate, Court No.8, Prayagraj.
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 :- 12.12.2022
AK Pandey
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