Rajendra Singh @ Rajendra Prasad ... vs State Of U.P. And Another
2022 Latest Caselaw 14837 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 31191 of 2022
 
Applicant :- Rajendra Singh @ Rajendra Prasad Singh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bhrigu Jee Singh
 
Counsel for Opposite Party :- G.A.,Rajesh Kumar Singh
 

 
Hon'ble Sameer Jain,J.

Heard Sri Bhrigu Jee Singh, learned counsel for the applicants, Sri Rajesh Kumar Singh, learned counsel for the opposite party no.2, Sri Suresh Bahadur Singh, 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 charge-sheet dated 02.08.2021 arising out of Case Crime No. 0196 of 2021 as well as cognizance order dated 27.09.2021 and summoning order dated 07.01.2022 and proceedings of Criminal Case No. 1273 of 2021, under Sections 323, 452, 427, 504, 506, 325 IPC, Police Station Rasra, District Ballia pending in the court of Additional Chief Judicial Magistrate Ballia.

Learned counsel for the applicants 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 applicants 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 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 four weeks from today and apply 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 :- 20.10.2022/AK Pandey