Shabana Anjum vs State Of U.P. And Another
2022 Latest Caselaw 16548 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 33110 of 2022
 

 
Applicant :- Shabana Anjum
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sanjay Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Dhirendra Agarhari, Advocate, holding brief of Sri Sanjay Srivastava, learned counsel for the applicant, Dr. S.B.Maurya, learned AGA-I, 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 proceedings of Criminal Case No. 726 of 2017, under Section 406 IPC, Police Station Khanpur, District Bulandshahar pending in the court of Third Additional Chief Judicial Magistrate, Bulandshahar as well as non-bailable warrant dated 28.2.2019 and summoning order dated 12.12.2017.

At the very outset, learned counsel for the applicant submits that he 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 applicant in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau 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 applicant in the light of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and move bail application then his 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 (supras).

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

Order Date :- 10.11.2022

SKM