Durgesh And 3 Others vs State Of U.P And Another
2022 Latest Caselaw 22814 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 42134 of 2022
 
Applicant :- Durgesh And 3 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Shyamu Shukla
 
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 proceeding and cognizance order dated 25.10.2021 as well as order dated 06.12.2022 under Section 82 Cr.P.C., of Case Crime No. 765 of 2020 (State vs. Vikas and others) under Sections- 323, 325, 308 and 504 IPC, Police Station- Sahjanwa, District- Gorakhpur pending in the court of ACJM / S.D-2, 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