Ajay And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 21309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 38628 of 2022
 

 
Applicant :- Ajay And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Hanuman Prasad Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Hanuman Prasad Mishra, learned counsel for the applicants and Sri Varun Agnihotri, learned Brief Holder for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to impugned NBW order dated 12.9.2022 passed by the Judicial Magistrate / FTC (JD)-II, in Case No. 172 of 2015 (State Vs. Ajay and others), arising out of Case Crime No. 522 of 2014, under Section 498-A, 32 IPC and Section 3/4 D.P. Act, police station Farrukhabad Kotwali, 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.