Citation : 2022 Latest Caselaw 21553 ALL
Judgement Date : 16 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 34988 of 2022 Applicant :- Smt. Neha Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Devesh Pandey, learned counsel for the applicants, Sri Ravi Kant Kushwaha, learned AGA, for the State, and perused the record of the case.
By way of the present application, the applicants have made a prayer to quash the entire proceedings of Criminal Case No.8849 of 2022, under Sections 323,504,506 and 427 IPC, pending in the court of Chief Judicial Magistrate, Sopnbhadra as well as charge sheet dated 21.4.2022 and cognizance-cum-summoning order dated 7.7.2022.
At the very outset, learned counsel for the applicants submits that he 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 case of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bread 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 case of Satender Kumar Antil (supras).
Accordingly, it is directed that if applicants appear before the trial court within four weeks from today and move bail application then their 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 :- 16.12.2022
SKM
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