Citation : 2022 Latest Caselaw 21563 ALL
Judgement Date : 16 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 17706 of 2022 Applicant :- Ankit And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gunjan Sharma,Ram Sunder Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Gunjan Sharma, learned counsel for the applicants, Sri Suresh Bahadur Singh, 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 proceedings of Complaint Case No. 561/IX of 2021 (Computer No.14457 of 2021), under Sections 498A, 323 IPC read with Section 3/4 D.P. Act and summoning order dated 16.04.2022, Police Station Mahila Thana, District Mathura pending in the court of Civil Judge (Junior Division), Fast Track Court (Against women), Judicial Magistrate, Mathura.
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
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