Asha Ram And 6 Others vs State Of U.P. And Another
2022 Latest Caselaw 21558 ALL

Citation : 2022 Latest Caselaw 21558 ALL
Judgement Date : 16 December, 2022

Allahabad High Court

Asha Ram And 6 Others vs State Of U.P. And Another on 16 December, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 31604 of 2022
 

 
Applicant :- Asha Ram And 6 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Rakesh Kumar Rathore, learned counsel for the applicants, Sri Varun Kumar Agnihotri, learned Brief Holder for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the summoning order dated 16.07.2022 passed by Special Judge (D.A.A.) Badaun in Session Case No. 702 of 2022 arising out of Complaint Case No. 36 of 2018, under Sections 394, 395 IPC, Police Station Usawan, District Badaun pending in the court of special Judge (D.A.A.)/Additional Session Judge, Badaun.

Learned counsel for the applicants 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 cases 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

AK Pandey