Dr. Shamim Ahmad And Another vs State Of U.P. And Another
2022 Latest Caselaw 21308 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 40049 of 2022
 

 
Applicant :- Dr. Shamim Ahmad And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Neeraj Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Dheeraj Kumar Pandey, Advocate, holding brief of Sri Neeraj Kumar Pandey, learned counsel for the applicants and Sri Varun Kumar Agnihotry, Brief Holder for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the charge sheet dated 21.8.2021 and its cognizance order dated 5.4.2022 as well as entire proceeding of Case Crime No. 117 of 2021 (State Vs Dr. Shamin Ahmad and other), under section 323,504, 506, 406 IPC, police station Gorakhnath, District Gorakhpur pending in the court of Additional Chief Judicial Magistrate, First, Gorakhpur.

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.