Veneemadhav Agrahari vs State Of U.P. And Another
2022 Latest Caselaw 16764 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 35037 of 2022
 

 
Applicant :- Veneemadhav Agrahari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Akhilesh Kumar Mishra,Rashmi Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Vijay Kumar Yadav, Advocate holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Varun Kumar Agnihotri, learned Brief Holder for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the proceedings of Complaint Case No. 916 of 2019 and summoning order dated 26.08.2021 passed by Civil Judge (Junior Division) F.T.C. IInd/Judicial Magistrate, Sant Kabir Nagar, under Sections 498A, 354, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Dhanghata, District Sant Kabir Nagar.

Learned counsel for the applicant 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 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, his 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 :- 11.11.2022

AK Pandey