Anil Sonkar And Another vs State Of U.P And Another
2022 Latest Caselaw 16577 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 33188 of 2022
 
Applicant :- Anil Sonkar And Another
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Sanjay Kumar, Advocate holding brief of Sri Yogesh Kumar Srivastava, 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 charge-sheet dated 01.10.2020 arising out of Case Crime No. 0713 of 2020 and proceeding of Case No. 1244 of 2022 as well as summoning order dated 17.08.2022, under Sections 332, 353, 323, 504, 506 IPC, Police Station Colonalganj, District Prayagraj pending in the court of Special Chief Judicial Magistrate, Allahabad.

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