Mullaki Devi And Another vs State Of U.P. And 2 Others
2022 Latest Caselaw 22368 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 5159 of 2022
 

 
Applicant :- Mullaki Devi And Another
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Siddharth Pandey
 
Counsel for Opposite Party :- G.A.,Indresh Chandra
 

 
Hon'ble Sameer Jain,J.

Heard Sri Siddharth Pandey, learned counsel for the applicants, Sri Indresh Chandra, learned counsel for opposite party no.2, Dr. S.B.Maurya, learned AGA, for the State, and perused the record of the case.

By way of the present application, the applicants have made a prayer to quash the criminal proceedings as well as well as cognizance order dated 17.4.2013 in Case Crime No.99 of 2012, under Sections 498A, 323 and 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Colonelganj, District Allahabad pending in the court of Special Chief Judicial Magistrate, Allahabad.

At the very outset, learned counsel for the applicants submits that he 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 case 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 counsel for opposite party no.2 and learned AGA are 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 case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within four weeks from today and move bail application then their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supras).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 21.12.2022

SKM