Shambhu And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 18505 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 38237 of 2022
 

 
Applicant :- Shambhu And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Santosh Kumar Tiwari, learned counsel for the applicants, Ravi Kant Kushwaha, 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 dated 26.03.2022 arising out of Case Crime No. 14 of 2022 and proceeding of Case No. 9523 of 2022, under Sections 323, 504, 308 IPC, Police Station Kothibhar, District Maharajganj pending in the court of Civil Judge (Sr. Div.)/Judicial Magistrate, Maharajganj.

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 three 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 :- 22.11.2022

AK Pandey