Shyam Tiwari @ Abhishek Tiwari vs State Of U.P. And Another
2022 Latest Caselaw 22635 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 
Case :- APPLICATION U/S 482 No. - 43060 of 2022
 
Applicant :- Shyam Tiwari @ Abhishek Tiwari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sonu Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri Sonu Kumar Tiwari, learned counsel for applicant, after arguing at some length, on instructions, submits that this application is not pressed on merit and further submits that applicant is desirous to appear before the learned trial Court in pursuance of charge sheet dated 26.01.2021 as well as entire criminal proceedings of Case No. 309 of 2021 (State Vs. Pradeep Chaudhary and others) arising out of Case Crime No. 326 of 2020, under Sections 147, 452, 323, 504, 506 I.P.C., PS Harduaganj, District Aligarh, pending in the Court of Additional Chief Judicial Magistrate-2nd, Aligarh and further prays that learned trial Court be directed to consider his bail application in view of the judgment passed by Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

Learned A.G.A. for the State has no objection if such a prayer of counsel for applicant is accepted.

In view of the above submissions, the prayer made in this application is rejected.

This application is disposed of only to the extent that in the event, the applicant appears before the learned trial Court in the above referred case within a period of two weeks from today and files bail application, the same shall be considered in the light of the judgment of the Supreme Court in the case of Satendra Kumar Antil (supra).

Order Date :- 22.12.2022/AKT