Pankaj Saini vs State Of U.P. And Another
2022 Latest Caselaw 22377 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29870 of 2022
 

 
Applicant :- Pankaj Saini
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandra Shekhar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Chandra Shekhar Mishra, 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 charge-sheet dated 17.09.2014 arising out of Case Crime No. 500 of 2014 as well as cognizance order dated 24.07.2019 and proceedings of Case No. 215 of 2019, under Sections 147, 332 IPC, Police Station Gangoh, District Saharanpur pending in the court of A.C.J.M. 3rd, Saharanpur.

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 apply 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 :- 21.12.2022

AK Pandey