Vijay Yadav And Another vs State Of U.P And Another
2022 Latest Caselaw 20773 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 41166 of 2022
 

 
Applicant :- Vijay Yadav And Another
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Suresh Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Suresh Kumar Gupta, learned counsel for the applicants, Sri Ravi Kant Kushwaha, 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 dated 07.09.2021 arising out of Case Crime No. 0193 of 2021 and proceeding of Case No. 537 of 2022 (CNR No. 010022172022), under Sections 354 kha, 323, 504, 506 IPC and Section 3(1) Da of SC/ST Act, Police Station Rura, Kanpur Dehat pending in the court of Additional District and Sessions Judge, Court No.2/Special Judge (SC/ST Act), Ramabai Nagar Kanpur Dehat.

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