Deepak Kumar vs State Of U.P. And Another
2022 Latest Caselaw 22636 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 42963 of 2022
 
Applicant :- Deepak Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vineet Singh Parmar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Vineet Singh Parmar, 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 31.12.2021 along with entire proceedings of the case and consequent summoning order in criminal case no.945 of 2022 under Sections 420, 406, 323, 506 IPC arsing out of case crime no.530 of 2021 P.S. Kotwali Dehat District Saharanpur pending in the court of Special Judge SC/ST Act, 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 Breau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Breau 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 three 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 :- 22.12.2022

SP