Sagir Khan And 4 Ors vs State Of U.P. And Anr
2022 Latest Caselaw 21543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 13249 of 2020
 

 
Applicant :- Sagir Khan And 4 Ors
 
Opposite Party :- State Of U.P. And Anr
 
Counsel for Applicant :- Akhilendra Yadav,Noor Muhammad,Yogesh Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Noor Muhammad, Advocate holding brief of Sri Yogesh Kumar Srivastava, learned counsel for the applicants, Sri Suresh Bahadur Singh, learned AGA for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the charge-sheet dated 13.11.2018 arising out of Case Crime No. 474 of 2018 as well as cognizance order dated 04.04.2019, under Sections 147, 323, 324, 325, 452, 504, 506 IPC, Police Station Fatehabad, District Agra pending in the court of Judicial Magistrate, Fatehabad, Agra.

Learned counsel for the applicants does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicants in the light 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 (supras).

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 (supras).

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

Order Date :- 16.12.2022

AK Pandey