Sanjay Kumar vs State Of U.P. And Another
2022 Latest Caselaw 18220 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10438 of 2022
 

 
Petitioner :- Sanjay Kumar
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Phool Singh Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Phool Singh Yadav, learned counsel for the petitioner, Sri Suresh Bahadur Singh, learned A.G.A. for the State, and perused the record of the case.

By way of the present petition, the petitioner has made a prayer to set aside the order dated 16.01.2020 passed in Complaint Case No.1108 of 2008, under Sections 452, 323, 504, 506 IPC, Police Station-Kotwali Dehat, District Etah and order dated 30.09.2022 passed in Criminal Revision No.397 of 2022 passed by the Sessions Judge, Etah and also set aside the order dated 10.08.2022 issuing N.B.W. against the petitioner.

At the very outset, learned counsel for the petitioner submits that he does not want to press the prayer made in the petition. 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 petitioner in the light of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).

Accordingly, it is directed that if petitioner 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 petition is, accordingly, disposed of.

Order Date :- 21.11.2022/Jyotsana