Citation : 2022 Latest Caselaw 21820 ALL
Judgement Date : 19 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 41396 of 2022 Applicant :- Ravishankar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Arvind Kumar Dixit, learned counsel for the applicant, 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 N.B.W. dated 12.10.2022 as well as entire criminal proceeding in Complaint Case No. 3135 of 2019 (Smt. Rajni alias Charu vs. Ravishankar and others) under Sections 498A, 323, 504, 506 IPC, Police Station Nagla Sindhi, District Firozabad, pending before the ACJM-II Shikohabad, District Firozabad.
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
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