Citation : 2022 Latest Caselaw 21551 ALL
Judgement Date : 16 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 35030 of 2022 Applicant :- Narendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Veerendra Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Ramendra Pal Singh, Advocate holding brief of Sri Veerendra Kumar Shukla, 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 made a prayer to quash the summoning order dated 10.12.2021 as well as N.B.W. order dated 25.04.2022 passed by C.J.M., Mainpuri as well as entire proceeding of Case No. 2599 of 2021, under Section 138 N.I. Act, Police Station Kotwali, District Mainpuri pending in the court of C.J.M., Mainpuri.
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
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