Sonu And Another vs State Of U.P.N And Another
2022 Latest Caselaw 16568 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 11285 of 2018
 
Applicant :- Sonu And Another
 
Opposite Party :- State Of U.P.N And Another
 
Counsel for Applicant :- Sushil Kumar Pandey,Atul Kumar Kushwaha
 
Counsel for Opposite Party :- G.A.,Chandra Bhan Dubey,Umesh Kumar
 

 
Hon'ble Sameer Jain,J.

Heard Sri Atul Kumar Kushwaha, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the proceedings of Case No. 88/9 of 2018 as well as charge-sheet dated 16.11.2017 arising out of Case Crime No. 1124 of 2017 and cognizance order dated 05.01.2018, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Khatauli, District uzaffar Nagar pending in the court of Chief Judicial Magistrate, Muzaffar Nagar.

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