Citation : 2022 Latest Caselaw 18209 ALL
Judgement Date : 21 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 32679 of 2022 Applicant :- Gufran And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranvijay Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Basant Kumar holding brief of Shri Ranvijay Singh learned counsel for the applicants, Sri Suresh Bahadur Singh, learned A.G.A. 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 summoning order dated 18.06.2022 as well as the entire proceedings of Complaint Case No.469 of 2022 (Farid Guljar v. Gufran & Ors.) under Sections 406, 420, 504, 506 IPC, Police Station-Anwarganj, District-Kanpur Nagar.
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 A.G.A. 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 :- 21.11.2022
Jyotsana
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