Arun Yadav vs State Of U.P. And Another
2022 Latest Caselaw 21883 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 42129 of 2022
 

 
Applicant :- Arun Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Afzal Ansari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Mohd. Afzal Ansari, learned counsel for the applicant, Sri Suresh Bahadur Singh. 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 01.12.2022 as well as entire proceeding of Case No. 6916 of 2022 (State vs. Raj Bahadur Yadav and others) arising out of Case Crime NO. 211 of 2021 under Sections 232, 504, 506, 325, 308 IPC, Police Station Line Bazar, District Jaunpur, pending in the court of Chief Judicial Magistrate, Jaunpur.

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