Citation : 2022 Latest Caselaw 18214 ALL
Judgement Date : 21 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 31768 of 2022 Applicant :- Prince Urf Kartik And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Balram Singh,Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Hon'ble Sameer Jain,J.
Case has been called out in the revised list. None appears on behalf of opposite party no.2 even in the revised call.
Heard Sri Rabindra Bahadur Singh, 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 proceedings of Criminal Case No. 627 of 2022, under Sections 147, 148,149,323,325,336,452 and 506 IPC, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Garh Mukteshwar, District Hapur, as well as charge sheet dated 12.4.2022 and cognizance order dated 12.5.2022.
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 four 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
SKM
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