Tribhuwan And Another vs State Of U.P. And Another
2022 Latest Caselaw 19065 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 39136 of 2022
 

 
Applicant :- Tribhuwan And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandra Shekhar Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Chandra Shekhar Sharma, learned counsel for the applicants, 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 charge sheet dated 03.09.2020 in Case No. 12392 of 2022 arising out of Case Crime No. 227 of 2020, under Sections 323, 504, 506, 325, 308 IPC, Police Station Phoolpur, District Varanasi pending in the court of Civil Judge (Jr. Div.) F.T.C. Court No. 2, Varanasi.

Learned counsel for the applicants do not want to press the prayer made in the application. He confines their 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 cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and applies for bail then, their 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