Tulsi Ram And 7 Others vs State Of U.P. And Another
2022 Latest Caselaw 16536 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 26064 of 2022
 

 
Applicant :- Tulsi Ram And 7 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Shukla,Neeraj Kumar
 
Counsel for Opposite Party :- G.A.,Shiv Lal
 

 
Hon'ble Sameer Jain,J.

Heard Sri Kulveer Singh, Advocate holding brief of Sri Neeraj Kumar, learned counsel for the applicants, Sri Varun Kumar Agnihotri, learned Brief Holder for the State and perused the record of the case.

However, none present on behalf of opposite party no.2 but as learned counsel for the applicants confined his prayer only up to the direction given to the court below to decide the bail application of the applicants in the light of judgment of the Apex Court in the case of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773, therefore, instant application is being disposed of in absence of counsel for the opposite party no.2.

By way of the present application, the applicants made a prayer to quash the Complaint Case No. 88 of 2019 as well as summoning order dated 16.02.2021 passed by Special Judge SC/ST/Additional Session Judge, Court No.2, Bhadohi at Gyanpur, under Sections 147, 149, 323, 504, 506, 427 IPC and Section 3(1)(r)(s) SC/ST Act, Police Station Aurai, District Bhadohi.

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 three 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 :- 10.11.2022

AK Pandey