Shyam Sundar vs State Of U.P. And Another
2022 Latest Caselaw 19064 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 39209 of 2022
 

 
Applicant :- Shyam Sundar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manish Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Chandra Prakash Pandey, learned counsel for the applicant, Sri Jhamman Ram, 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 entire proceedings as well charge sheet dated 23.12.2018 in Case No. 1365 of 2020, arising out of Case Crime No. 249 of 2018, under Sections 3/7 of E.C. Act, Police Station Chandaus, District Aligarh pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh.

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 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 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, her 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 :- 28.11.2022

Sanjeet