Anand Patel vs State Of U.P. And Another
2022 Latest Caselaw 22826 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- APPLICATION U/S 482 No. - 37144 of 2022
 

 
Applicant :- Anand Patel
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arunkumar Mishra
 
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 charge sheet dated 26.11.2020 and cognizance order dated 11.4.2022 as well as entire proceedings of Case No.432 of 2022 (State Vs. Rajat Patel and others), arising out of Case Crime No.149 of 2020, under Sections 504, 452, 324, 308, 506 IPC, Police Station Bhimpura, District Ballia, pending in the court of learned Additional Session Judge-Ist, Ballia.

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 is 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.

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

Order Date :- 23.12.2022

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