Citation : 2022 Latest Caselaw 22638 ALL
Judgement Date : 22 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- APPLICATION U/S 482 No. - 41062 of 2022 Applicant :- Ram Awadh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and 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 entire proceedings of Case No.7408 of 2022 (State Vs. Ram Awadh Yadav), under Section 4/21 Mines and Minerals (Development and Regulation) Act, 1957 and 3, 58, 72 U.P. Sub Mines (Parihar), Regulation 2021, Police Station Ahraura, District Mirzapur, pending in the court of Chief Judicial Magistrate.
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 and learned counsel for the opposite party no.2 are 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 (supra).
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 (supra).
For a period of four weeks from today, the applicant shall not be arrested.
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 22.12.2022
Ruchi Agrahari
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