Citation : 2022 Latest Caselaw 21555 ALL
Judgement Date : 16 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 34872 of 2022 Applicant :- Vandna And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Chaubey,Tapeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri S.K. Dubey, 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 made a prayer to quash the entire proceedings of Complaint Case No. 297 of 2021 as well as summoning order dated 09.09.2022 passed by Civil Judge (Jr. Div)/Judicial Magistrate, Khaga, District Fatehpur, under Sections 417, 420, 423 IPC, Police Station Khaga, District Fatehpur.
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 apply 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
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