Mohd Takbeem vs State Of U.P. And Another
2022 Latest Caselaw 18508 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 38139 of 2022
 

 
Applicant :- Mohd Takbeem
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Gopal Ji Rai,Santosh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Santosh Kumar Singh, learned counsel for the applicant, Ravi Kant Kushwaha, learned AGA for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the 26.10.2018 arising out of Case Crime No. 265 of 2018 and proceeding of Case No. 485 of 2020, under Sections 419, 420, 504, 506 IPC, Police Station Rasada, District Ballia pending in the court of Additional Chief Judicial Magistrate-I, Ballia.

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

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