Sanoj Kumar vs State Of U.P. And 3 Others
2022 Latest Caselaw 6517 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 28097 of 2021
 

 
Applicant :- Sanoj Kumar
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Raj Kumar Sharma,Sunil Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Raj Kumar Sharma, learned counsel for the applicant, Dr. S.B. Maurya, learned AGA 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 05.02.2020, cognizance order dated 14.08.2020 arising out of Case Crime No.0774 of 2019, under Sections 452, 354, 504, 506 IPC, Section 7/8 POCSO Act and 3(2)(V)a SC/ST Act, Police Station Ghatampur, District Kanpur Dehat pending before Additional District and Session Judge, Court No. 13/Special Judge, Kanpur Dehat.

Sri Raj Kumar Sharma, 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 case of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773.

Learned AGA 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 judgment of the Apex Court in the case of Satender Kumar Antil (supra).

Accordingly, it is directed that if applicant appears before the trial court within two 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 case of Satender Kumar Antil (supra).

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

Order Date :- 11.7.2022

AK Pandey