Citation : 2022 Latest Caselaw 16989 ALL
Judgement Date : 14 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 32025 of 2022 Applicant :- Rinku @ Devendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Roy Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Rajesh Kumar Roy Sharma, learned counsel for the applicant, Sri Tanay Kumar, learned AGA for the State and perused the record of the case.
By way of the present application, the applicant made a prayer to quash the charge-sheet dated 13.06.2017 arising out of Case Crime No.185 of 2017 as well as summoning order dated 02.08.2018 and proceeding of Criminal Case No. 10157 of 2018, under Sections 452, 323, 504, 506 IPC, Police Station Civil Lines, District Allahabad pending in the court of Chief Judicial Magistrate, Allahabad.
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 :- 14.11.2022
AK Pandey
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