Mohd. Shahnawaz And 5 Others vs State Of U.P. And Another
2022 Latest Caselaw 19060 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 31473 of 2022
 

 
Applicant :- Mohd. Shahnawaz And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satish Chandra Dubey, Rajesh Kumar Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Satish Chandra Dubey, learned counsel for the applicants, Sri Jhamman Ram, learned A.G.A. for the State and perused the record.

By way of the present application, the applicants have made a prayer to quash the impugned charge sheet dated 20.04.2022 as well as impugned Cognizance/summoning order dated 05.05.2022 including the further proceedings of Case No. 1131 of 2022 (State Vs. Mohd. Shahnawaz and others) pending in the Court of ACJM-7, Allahabad, arising out of Case Crime No.30 of 2022, under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act registered at Police Station- Atarsuiya, Prayagraj.

At the very outset, learned counsel for the applicants 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 applicants 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 applicants in the light of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and move bail application then their 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 :- 28.11.2022

Sachin/-