Umesh Kumar And 5 Others vs State Of U.P Through Secretary ...
2022 Latest Caselaw 16830 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 32865 of 2022
 
Applicant :- Umesh Kumar And 5 Others
 
Opposite Party :- State Of U.P Through Secretary Home And Another
 
Counsel for Applicant :- Sanjay Kr. Srivastava
 
Counsel for Opposite Party :- G.A.,Rajnish Kumar Pandey,Santosh Kumar Pandey
 

 
Hon'ble Sameer Jain,J.

Heard Sri Sajay Kr. Srivastava, learned counsel for the applicants, Sri Santosh Kumar Pandey, learned counsel for opposite party no.2 and Sri Jhamman Ram, learned AGA, for the State, and perused the record of the case.

By way of the present application, the applicants have made a prayer to quash the entire proceeding of Criminal Case No. 4823/9 of 2021 arising out of Case Crime No. 33 of 2021, under Sections 498-A, 323,307, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act (for applicants no.1 to 5), under Sections 498-A, 323,307,354-B, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act (for applicant no.6) Police Station Thana Bhawan, District Shamli pending in the court of Judicial Magistrate, Shamli as well as charge sheet dated 21.6.2021 and cognizance order dated 20.7.2022.

At the very outset, learned counsel for the applicants 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 applicants 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 counsel for opposite party no.2 and the learned AGA are 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 case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and move bail application then their 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 :- 14.11.2022/SKM