Arif And Another vs State Of U.P. And Another
2022 Latest Caselaw 22816 ALL

Citation : 2022 Latest Caselaw 22816 ALL
Judgement Date : 23 December, 2022

Allahabad High Court

Arif And Another vs State Of U.P. And Another on 23 December, 2022

Bench: Siddharth




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 41353 of 2022
 
Applicant :- Arif And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashvini Mishra
 
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 charge sheet dated 08.11.2015 including cognizance order dated 18.01.2018 as well as entire proceeding of Case No. 57 of 2018 (State vs. Arif) arising out of Case Crime No. 217 of 2015, under Sections- 323, 504, 506 452 IPC, Police Station- Shivkuti, District- Allahabad.

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