Chhabbi @ Chhabbi Lal And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 22812 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 42145 of 2022
 
Applicant :- Chhabbi @ Chhabbi Lal And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- R.B.Pal,Farhana Khatoon
 
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 charge sheet dated 14/15.12.2018 and cognizance / summoning order dated 13.10.2019 in Case No. 310045 of 2018 (State vs. Chhabi @ Chhabi Lal and others) arising out of Case Crime No. 451 of 2018, under Sections 147, 323, 452, 427 IPC, Police Station- Pipraich, District- Gorakhpur, pending in the court of Judicial Magistrate Ist, Gorakhpur.

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 and counsel for the opposite party no. 1 are 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 :- 23.12.2022 / Rohit