Vinod Kumar And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 19260 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 25852 of 2022
 

 
Applicant :- Vinod Kumar And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Jatan Yadav,Rakesh Kumar Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the summoning order dated 10.06.2021 and charge sheet dated 01.06.2021 as well as entire proceedings of Case No. 5716 of 2021 arising out of Case Crime No. 198 of 2021, under Sections 452, 323, 504, 506 IPC, Police Station Jamunapar, District Mathura, pending in the court of Judicial Magistrate, Mathura.

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 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 applicants appears 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 :- 29.11.2022

Sanjeet