Asha Kushwaha And Another vs State Of U.P. And Another
2022 Latest Caselaw 16578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 33062 of 2022
 

 
Applicant :- Asha Kushwaha And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sanjay Kumar Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Shiv Vilas, Advocate holding brief of Sri Sanjay 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 charge-sheet dated 21.05.2020 arising out of Case Crime No. 938 of 2017 and proceeding of Criminal Case No. 938 of 2020 as well as summoning order dated 17.10.2020, under Sections 419, 420, 467, 468, 471 IPC, Police Station Ubhaon, District Ballia pending in the court of Civil Judge (S.D.)/F.T.C., Ballia.

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