Pratap And Others vs State Of U.P. And Another
2022 Latest Caselaw 21303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 25134 of 2009
 
Applicant :- Pratap And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Tahir Hussain Farooqui,Ashfaq Husain
 
Counsel for Opposite Party :- Govt. Advocate,Ajay Kumar Srivastava
 

 
Hon'ble Sameer Jain,J.

Heard Sri Tahir Hussain Farooqui, learned counsel for the applicants and Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the summoning order dated 22.08.2009 passed by learned Judicial Magistrate,City, Farrukhabad in Complaint Case No. 538 of 2009, Shakuntala Vs. Pratap & others, u/s 323, 504, 506, 452, 148 IPC, PS Shamshabad, District - Farrukhabad.

At the very outset, learned counsel for the applicants submitted that he does not want to press the present application on merit and he confined his prayer only up to the direction be given to the court concerned that if the applicants appear before the trial court and apply for bail then their bail application be decided in view 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 (supra).

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 (supra).

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

Order Date :- 15.12.2022/S.K.S.