Ashok @ Lala vs State Of U.P.
2022 Latest Caselaw 20789 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 34653 of 2022
 

 
Applicant :- Ashok @ Lala
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Brij Lal Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Brij Lal Shukla, 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 17.02.2020 passed by Special Judge (Gangster Act), Gautam Buddh Nagar in Session Trial No. 170 of 2019 arising out of Case Crime No. 215 of 2018, under Section 2/3 of U.P. Gangster Act, Police Station Dankaur, District Gautam Budh Nagar.

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