Dr.Syed Shuaibul Islam vs State Of U.P And Another
2022 Latest Caselaw 18630 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 35438 of 2022
 
Applicant :- Dr.Syed Shuaibul Islam
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Rishabh Kumar,Mohammed Asif
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

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

By way of the present application, the applicant made a prayer to quash the proceedings of Case No.327 of 2022 (State Vs. Ravi Verma and Another), under Sections 420, 406, 504, 506 IPC, Police Station Kotwali, District Azamgarh as well as charge sheet dated 22.2.2021 and impugned order dated 23.6.2021, pending in the court of Chief Judicial Magistrate, Azamgarh.

Sri Rishabh Kumar, 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 :- 23.11.2022

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