Shyam Sunder Tripathi vs State Of U.P. .And Another
2022 Latest Caselaw 18807 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29780 of 2022
 

 
Applicant :- Shyam Sunder Tripathi
 
Opposite Party :- State Of U.P. .And Another
 
Counsel for Applicant :- Sudhir Kumar Singh,Digvijay Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Digvijay Singh, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned A.G.A.I for the State.

By way of the present application, the applicant has made a prayer to quash the entire proceeding of Case No. 488 of 2021 including Charge-sheet No. 34 of 2021 dated 21.01.2021 arising out of Case Crime No. 10 of 2021, under Sections 406, 504, 506 I.P.C., Police Station- Farrukhabad Kotwali, District- Farrukhabad as well as summoning order dated 26.02.2021 passed by Chief Judicial Magistrate, Farrukhabad.

At the very outset, learned counsel for the applicant submits that he 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 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 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 case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and move bail application then his 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 application is, accordingly, disposed of.

Order Date :- 24.11.2022

Aditya