Citation : 2022 Latest Caselaw 16988 ALL
Judgement Date : 14 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 32884 of 2022 Applicant :- Man Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Anubhav Shukla, learned counsel for the applicants, Sri Tanay Kumar, 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 Case No. 611 of 2022 arising out of Case Crime No. 617 of 2020, under Sections 147,148, 149, 395, 511, 353, 427,188, 269 and 270 IPC and Section 7 Criminal Law Amendment Act, 1932, Police Station Cantt., District Bareilly pending in the court of Judicial Magistrate Ist, Bareilly as well as charge sheet dated 8.12.2021 and cognizance order dated 4.5.2022.
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 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 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
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