Kamlesh And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 21878 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 42379 of 2022
 

 
Applicant :- Kamlesh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sandeep Kumar Chaturvedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Sandeep Kumar Chaturvedi, 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 summoning order dated 31.10.2022 and entire proceeding of Complaint Case No. 114 of 2021 (Samharu vs. Kamlesh and others) under Section 354Kha, 323, 452 IPC and Section 7/8 POCSO Act and Section 3(1)10 of SC/ST Act against applicant no. 1 and under Section 323 IPC and Section 3(1)10 SC/ST Act against applicant nos. 2, 3 and 4, Police Station Kothibhar, District Maharajganj, pending in the court of Special Judge, Additional Court, (POCSO Act), Maharajganj. +

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 directions/observations, the present application is, accordingly, disposed of.

Order Date :- 19.12.2022

Puspendra