Rahul Kumar And 5 Others vs State Of U.P. And Another
2022 Latest Caselaw 21554 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 34925 of 2022
 
Applicant :- Rahul Kumar And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Shiromani Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri K.K. Yadav, Advocate holding brief of Sri Ram Siromani Yadav, 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 applicant made a prayer to quash the charge sheet dated 28.04.2018 along with cognizance order dated 01.04.2019 as well as entire proceedings of S.S.T. No. 782 of 2019, arising out of Case Crime No. 162 of 2018, under Sections 147, 148, 149, 324, 323, 504, 506 IPC and Section 3(1)Dha of SC/ST Act, Police Station Bahjoi, District Sambhal, pending in the court of Additional District & Sessions Judge, Sambhal at Chandausi.

Learned counsel for the applicants do 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 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 applies 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

Sanjeet