Sumit vs State Of U.P. And Another
2022 Latest Caselaw 21549 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 35726 of 2022
 

 
Applicant :- Sumit
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- S.M. Nazir Abbas Abedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri S.M. Nazir Abbas Abedi, learned counsel for the applicant, Sri Suresh Bahadur Singh, learned AGA 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 13.08.2021 and cognizance order dated 29.09.2022 passed by Additional Chief Judicial Magistrate-VIth, as well as entire proceedings of Criminal Case No. 21464 of 2022 arising out of Case Crime No. 176 of 2021, under Sections 323, 325 IPC, Police Station Lalkuti, District Meerut.

Learned counsel for the applicant 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 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 cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within four weeks from today and apply for bail then, his 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

Sanjeet