Dipak Kumar Sah vs State Of U.P. And Another
2022 Latest Caselaw 18213 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 32475 of 2022
 

 
Applicant :- Dipak Kumar Sah
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Arshad,Shivam Singh,Utkarsh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Utkarsh Kumar Singh, 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 has made a prayer to quash the non-bailable warrant against him dated 18.10.2021 in S.T.No.1418 of 2021 bearing Case Crime No.179 of 2021, under Sections 307, 34 and 401 IPC,Police Station Colonelganj, District Prayagraj,

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 applicant 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 applicant in the light of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and move bail application then his 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

SKM