Brijmohan Tiwari And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 16143 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 24837 of 2022
 

 
Applicant :- Brijmohan Tiwari And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arun Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri Arun Kumar Singh, learned counsel for the applicants, after arguing at some length, on instructions, submits that this application is not pressed on merit and further submits that applicants are desirous to appear before the learned trial Court in pursuance of charge sheet No. 217 of 2021 dated 29.11.2021 under Section 323, 504, 506 I.P.C. and 3(2)5a of S.C./S.T. Act as well as cognizance order dated 24.05.2022 passed by Special Judge (S.C./S.T.) Act, Jhansi in Sessions Case No. 344 of 2022 (State of U.P. vs. Brijmohan Tiwari and others) arising out of Case Crime No. 187 of 2022, pending before Special Judge (S.C./S.T.) Act, Jhansi and further prays that learned trial Court be directed to consider their bail application in view of the judgment passed by Supreme Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

Learned A.G.A. for the State has no objection if such a prayer of counsel for the applicants is allowed.

In view of the above submissions, the prayer made in this application is rejected.

This application is disposed of only to the extent that in the event, the applicants appear before the learned trial Court in the above referred case within a period of two weeks from today and file bail application, the same shall be considered in the light of the judgment of the Supreme Court in the case of Satendra Kumar Antil (supra).

Order Date :- 4.11.2022

Nirmal Sinha

(Sl. No. 86/449 fresh cases)