Rama Shankar Singh vs State Of U.P. And Another
2022 Latest Caselaw 22813 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 42136 of 2022
 
Applicant :- Rama Shankar Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arvind Kumar Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

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

By way of the present application, the applicant made a prayer to quash the non-bailable warrant order dated 05.12.2022 passed by Special Chief Judicial Magistrate, Varanasi in Case No. 26691 of 2021, State vs. Rama Shankar Singh and others arising out of Case Crime No. 139 of 2021, under Sections- 420, 504, 506, 406 IPC, Police Station- Rohaniya, District- Varansi issued by court below in aforementioned case.

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 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 learned 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 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 and non-bailable warrant against him shall be kept in abeyance for the aforesaid period.

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

Order Date :- 23.12.2022 / Rohit