Jitendra Kumar And 7 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 7716 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 10357 of 2022
 

 
Applicant :- Jitendra Kumar And 7 Others
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Awadh Bihari Pandey
 
Counsel for Opposite Party :- G.A.,Pramit Kumar Pal
 

 
Hon'ble Sameer Jain,J.

Heard Sri Awadh Bihari Pandey, learned counsel for the applicants, Sri Pramit Kumar Pal, learned counsel for opposite party no.3 and Dr. S.B.Maurya, learned AGA-I, for the State, and perused the record of the case.

The instant application has been moved by applicants with a prayer to quash the proceeding of Case No.27 of 2022 arising out of Case Crime No.46 of 2021,under Sections 498-A, 323, 504 and 506 and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Aligarh and as well as cognizance order/summoning order dated 2.3.2022 pending before Civil Judge (Senior Division) FTC-I, Aligarh.

At the very outset, learned counsel for the applicants submits that he 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 applicants 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 counsel for opposite party no.3 and the learned AGA 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 judgment of the Apex Court in the case of Satender Kumar Antil (supra).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and move bail application then their 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 :- 21.7.2022

SKM