Aszad Azmi vs State Of U.P. And Another
2022 Latest Caselaw 22651 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 33453 of 2022
 

 
Applicant :- Aszad Azmi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravindra Kumar Yadav,Yashpal Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant, 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 10.4.2022, cognizance order dated 24.6.2022 as well as entire proceedings of case no. 89 of 2022(State Vs. Aszad Azmi) arising out of Case Crime No. 10 of 2022 under section 420 I.P.C. P.S. Jeanpur District Azamgarh pending in the court Judicial Magistraate, Court No.21, Azamgarh.

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

Atul kr. sri.