Shobhnath vs State Of U.P. And Another
2022 Latest Caselaw 14791 ALL

Citation : 2022 Latest Caselaw 14791 ALL
Judgement Date : 20 October, 2022

Allahabad High Court

Shobhnath vs State Of U.P. And Another on 20 October, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 33999 of 2022
 

 
Applicant :- Shobhnath
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravindra Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Sri Daksha Yadav, Advocate has filed his Vakalatnama on behalf of opposite party no.2, today in the Court, which is taken on record.

Heard Sri Ravindra Kumar, learned counsel for the applicant, Sri Daksha Yadav, learned counsel for the opposite party no.2, Dr. S.B. Maurya, learned AGA-I 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 14.05.2019 arising out of Case Crime No. 364 of 2018 and proceeding of Case No. 1309 of 2019, under Sections 354, 323 IPC, Police Station Bahariya, District Allahabad pending in the court of J.M. Room No. 2, Allahabad.

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 cases of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022.

Learned AGA and learned counsel for the opposite party no.2 are 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 four weeks from today and apply for bail then, his 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 :- 20.10.2022

AK Pandey