Rutesh Kumar vs State Of U.P. And Another
2022 Latest Caselaw 21552 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 35016 of 2022
 

 
Applicant :- Rutesh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Zaid
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Mohd. Zaid, 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 cognizance order dated 04.08.2022 as well as entire proceedings of Criminal Case No. 539 of 2021, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Amroha Dehat, District Amroha pending in the court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, District Amroha.

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