Manish Kesarwani And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 18211 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 32661 of 2022
 

 
Applicant :- Manish Kesarwani And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Amit Kumar Mishra,Dheeraj Kumar Tiwari
 

 
Hon'ble Sameer Jain,J.

Heard Sri Sunil Kumar Yadav, Advocate holding brief of Sri Krishna Kumar Mishra, learned counsel for the applicants, Sri Amit Kumar Mishra, learned counsel for the opposite party no.2, Sri Jhamman Ram, learned AGA for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the charge-sheet submitted in Case Crime No. 0115 of 2022, under Sections 323, 504, 308 IPC, Police Station Kaundiyara, District Prayagraj.

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

Accordingly, it is directed that if applicants appear before the trial court within four weeks from today and apply for bail then, their 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 :- 21.11.2022

AK Pandey