Satish Kashyap And Another vs State Of U.P. And Another
2022 Latest Caselaw 14458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 446 of 2021
 

 
Applicant :- Satish Kashyap And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bhagwati Prasad Nigam,Arjun Singh Somvanshi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

Heard Shri Arjun Singh Somvanshi, learned counsel for applicants as well as learned Additional Government Advocate for the State and perused the record.

The instant application under Section 482 Cr.P.C. has been filed by the applicants namely Satish Kashyap and Munna @ Yogendra Kumar with the prayer to quash the impugned order dated 28.01.2020 passed by the learned Additional Sessions Judge, Court No.11, Hardoi in application under Section 319 Cr.P.C. in Session Trial No. 226/2018, arising out of Case Crime No. 555/2017, under Sections 308, 323, 504 and 506 I.P.C., Police Station Sandi, District Hardoi.

Learned counsel for the applicants at the outset submits that though in the prayer clause of the application various prayers have been made but the grievance of the applicants would be satisfied that if any direction with regard to the expeditious disposal of their bail applications may be passed in the light of the Judgment of Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773.

Learned A.G.A. would have no objection to the request made by learned counsel for the applicants as it is the duty of each and every criminal court to dispose of the bail applications of the under trials as well as of the convicts on priority, with expedition.

Having regard to the facts and circumstances and keeping in view the order intended to be passed, the service of notice on opposite party no.2 is hereby dispensed with.

Having regard to all the facts and circumstances of the case and having regard to the request of learned counsel for the applicants, the instant application moved on behalf of the applicants is finally disposed of with a direction to the trial court that if applicants appear and surrender before the Court below within 20 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously, after providing an opportunity of being heard to the parties, strictly in accordance with law laid down by Hon'ble Supreme Court in Satender Kumar Antil (supra).

If the opposite party no.2 feels aggrieved by this order, she/he may approach this Court by moving an appropriate application.

Order Date :- 19.10.2022

Praveen