Arun Tiwari @ Arun Bhola Prasad ... vs State Of U.P. And Another
2022 Latest Caselaw 22642 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 38006 of 2022
 
Applicant :- Arun Tiwari @ Arun Bhola Prasad Tiwari And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicants and learned A.G.A for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the entire proceedings in Complaint Case No. 56 of 2022 against the applicants under Sections 406, 506 IPC, Police Station- Chhawani, District- Basti (Mahendra Pratap vs. Arun Tiwari) against the summoning order dated 06.06.2022 passed by the Judicial Magistrate, Court No. 18, Basti, as well as NBW order dated 22.09.2022 passed by Additional Chief Judicial Magistrate, IInd, Basti.

Learned counsel for the applicants do 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 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 A.G.A is 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 cases of Satender Kumar Antil (supra).

Accordingly, it is directed that if applicants appear before the trial court within four weeks from today and apply for bail then, their 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 applicants shall not be arrested.

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

Order Date :- 22.12.2022 / Rohit