Dharm Singh @ Dharmveer And ... vs State Of U.P. And Another
2022 Latest Caselaw 16152 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29473 of 2022
 

 
Applicant :- Dharm Singh @ Dharmveer And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sanjive Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Sanjive Kumar Gupta, learned counsel for the applicants and Sri Suresh Bahadur Singh, learned AGA for the State.

By way of the present application, the applicants made a prayer to quash the Complaint Case No. 5615 of 2016 as well as summoning order dated 14.09.2017, under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Civil Lines, District Budaun pending in the court of Additional Chief Judicial Magistrate-I, Budaun.

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 cases of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022.

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 judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within four weeks from today and apply for bail then, their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).

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

Order Date :- 4.11.2022

AK Pandey