Jasvir vs State Of U.P And Another
2022 Latest Caselaw 21310 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 38621 of 2022
 

 
Applicant :- Jasvir
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Abhishek
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Abhishek, 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 order dated 12.9.2022 passed by Additional Session Judge/Fast Court, Meerut, in S.S.T.No.1304 of 2010 arising out of Case Crime No. 157 of 2006, under Sections 366,368,370, 376, 323, 504 and 506 IPC, Police Station Phalawda, District Meerut.

At the very outset, learned counsel for the applicant submits that although he challenged the NBW issued against the applicant in the instant application but he does not want to press the instant application on merit and applicant is ready to appear before the court concerned and therefore, 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 :- 15.12.2022

SKM