Monu @ Rajneesh Saxena vs State Of U.P. And 3 Others
2022 Latest Caselaw 20775 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 40276 of 2022
 

 
Applicant :- Monu @ Rajneesh Saxena
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Purushottam Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Purushottam Pandey, learned counsel for the applicant, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the proceedings of Complaint Case No. 89 of 2022 and summoning order dated 17.10.2022, under Sections 354, 452, 323/147, 392 IPC and Section 7/8 POCSO Act, Police Station Kalan, District Shahjahanpur pending in the court of Special Judge (POCSO)/A.S.J., Court No.8, Shahjahanpur.

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