Vijaypal vs State Of U.P. And Another
2022 Latest Caselaw 21818 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 12926 of 2021
 

 
Applicant :- Vijaypal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Brijesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant, Sri Suresh Bahadur Singh-Ist, Brief Holder 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 29.05.2017 as well as cognizance order dated 29.5.2017 in Case NO. 2159 of 2018 (State vs. Vinit and others) arising out of NCR No. 65 of 2017 under Section 323, 504 IPC, Police Station Civil Line, District Rampur, pending in the court of Chief Judicial Magistrate, Rampur.

Learned counsel for the applicant 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 applicant 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within four weeks from today and applies for bail then, his 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 :- 19.12.2022

Puspendra