Bantul Thakur @ Suraj Bhan vs State Of U.P. And Another
2022 Latest Caselaw 21306 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 41771 of 2022
 
Applicant :- Bantul Thakur @ Suraj Bhan
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Virendra Kumar Jaiswal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Virendra Kumar Jaiswal, learned counsel for the applicants and Dr. S.B. Maaurya, 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 set aside the NBW warrant dated 21.12.2019 issued by the Judicial Magistrate, Ghaziabad in Criminal Case No. 2893 of 2021 relating to Case Crime No. 1281 of 2010, under Section 379, 411 IPC, P.S. Kavi Nagar, District - Ghaziabad and also set aside the entire criminal proceedings of Criminal Case No. 2893 of 2021 (State Vs. Nishant Chaudhary and others).

At the very outset, learned counsel for the applicant 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 applicant appears before the trial court and applies for bail then his 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supra).

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 (supra).

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

Order Date :- 15.12.2022

S.K.S.