Citation : 2022 Latest Caselaw 7813 ALL
Judgement Date : 22 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 21434 of 2022 Applicant :- Smt. Renu Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramji Singh Patel Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Mayank Maurya, Advocate, holding brief of Sri Ramji Singh Patel, learned counsel for the applicant, Sri Arvind Kumar, learned AGA, for the State, and perused the record of the case.
By way of the present application, the applicant has made a prayer to quash the entire proceeding of Case No.23444 of 2020 arsing out of Case Crime No.13 of 2020, under Section 323, 504, 506 and 308 IPC, Police Station Kapsethi, District Varanasi, pending in the court of Additional Chief Judicial Magistrate-II, Varanasi as well as charge sheet dated 13.2.2020 and cognizance-cum-summoning order dated 7.12.020.
At the very outset, learned counsel for the applicant submits that she 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 AGA is 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 :- 22.7.2022
SKM
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