Smt. Asha Devi And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 4133 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 12744 of 2022
 

 
Applicant :- Smt. Asha Devi And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Preet Pal Singh Rathore,Dharmendra Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Sri Jayant Kumar, Advocate, has filed his power on behalf of opposite party no.2, which is taken on record.

By way of the present application, the applicants have made a prayer to quash the Charge sheet No.111A/02 of 2020 dated 20.11.2020 and its cognizance order dated 2.4.2021 in Case No.2010 of 2021 arising out of Case Crime No.81 of 2020, under Sections 308, 504, 506, 325 and 324 IPC, Police Station Naraini, District Banda as well as entire proceeding of the aforesaid case pending before the Chief Judicial Magistrate, Banda.

Sri Preet Pal Singh Rathore, learned counsel for the applicants, 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.2 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 two 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 :- 25.5.2022

SKM