Idrish vs State Of U.P And Another
2022 Latest Caselaw 21822 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 38933 of 2022
 

 
Applicant :- Idrish
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- M J Akhtar,Yakub Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Yakub Ali, 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 summoning order dated 14.10.2022 as well as entire proceeding of Complaint Case No. 10835 of 2022 (Mines Department vs. Idrish) old complaint case no. 903 of 2022 (State of U.P. vs. Sri Idrish) under Section 3/57/70 Uttar Pradesh Minor Mineral (Concession) Rules, 1963 and Section 4/21 Mines and Mineral (Development and Regulation) Act, 1957, Police Station Chauki ITM Chehari, District Maharajganj, pending in the court of Chief Judicial Magstrate, Maharajganj.

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