Citation : 2022 Latest Caselaw 22819 ALL
Judgement Date : 23 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- APPLICATION U/S 482 No. - 40496 of 2022 Applicant :- Ram Narayan Sharma And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Ashutosh Mishra,Shailendra Kumar Ojha 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 17.01.2021 as well as summoning order dated 07.06.2022 passed by J.M. Ist, Kanpur Dehat as well as entire proceeding of Criminal Case No. 12095 of 2022 (State vs. Ram Narayan Sharma) arising out of Case Crime No. 0012 of 2021, under Sections 452, 323, 324, 504, 506 IPC, Police Station- Rasoolabad, District- Kanpur Dehat, pending before J.M. Ist, Kanpur Dehat.
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
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