Asif vs State Of U.P. And Another
2022 Latest Caselaw 21312 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 38512 of 2022
 

 
Applicant :- Asif
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sandeep Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Sandeep Tripathi, learned counsel for the applicant, Dr. S.B.Maurya, learned AGA-I, 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 entire proceedings of Complaint Case No.1027/9/2019 (Old No.373/9/2018), under Sections 406 IPC, pending in the court of Additional Civil Judge (Junior Division) Court No.2nd, Muzaffarnagar as well as summoning order dated 20.2.2019 and NBW dated 22.8.2022.

At the very outset, learned counsel for the applicant submits that although in the instant application summoning order dated 20.1.2019 is also under challenge but he does not want to press the instant application with regard to summoning order dated 20.2.2019 and 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