Avinash vs State Of U.P. And Another
2022 Latest Caselaw 20774 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 40361 of 2022
 

 
Applicant :- Avinash
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ansar Ahmad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Ansar Ahmad, learned counsel for the applicant, Sri Jhamman Ram, learned AGA for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the N.B.W. order dated 28.09.2021 passed by ADJ Court No.29/Special Judge POCSO Act in Special Case No. 1529 of 2016 arising out of Case Crime No. 80 of 2016, under Sections 363, 366, 120B, 376 IPC and Section 3/4 POCSO Act, Police Station Chatta, District Agra pending in the court of A.D.J/Special Judge POCSO Act, Agra.

Learned counsel for the applicant 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 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within four weeks from today and apply for bail then, his 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