Raju And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 18629 ALL

Citation : 2022 Latest Caselaw 18629 ALL
Judgement Date : 23 November, 2022

Allahabad High Court

Raju And 2 Others vs State Of U.P. And Another on 23 November, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 37444 of 2022
 
Applicant :- Raju And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lalit Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Lalit Kumar Srivastava, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the proceedings of Case No.126 of 2022 (State Vs. Raju and others), under Sections 452, 323, 325, 504 IPC, Police Station Achhnera, District Agra, pending in the court of Additional Chief Judicial Magistrate Court No.3, Agra as well as charge sheet dated 3.5.2022 and cognizance order and summoning order dated 6.8.2022

Sri Lalit Kumar Srivastava, 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 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 applicants appear 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 :- 23.11.2022

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