Sanjeev @ Fauji vs State Of U.P. And Another
2022 Latest Caselaw 21089 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 41536 of 2022
 

 
Applicant :- Sanjeev @ Fauji
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manoj Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Manoj Kumar Tripathi, learned counsel for the applicant, Sri Ravi Kant Kushwaha, learned AGA, for the State, and perused the record of the case.

By way of the present application, the applicant has made a prayer to quash the Non-Bailable Warrant dated 15.11.2019 issued by Additional Civil Jude (Junior Division)-II, Hapur in Case No. 536 of 2019 arising out of Case Crime No. 808 of 2018, under Sections 323,325,427,504 and 452 IPC, Police Station Hapur Nagar, District Hapur.

At the very outset, learned counsel for the applicant submits that he 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 case 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 case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within four weeks from today and move bail application then his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supras).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 14.12.2022

SKM