Raj Kumar vs State Of U.P And Another
2022 Latest Caselaw 15060 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 30320 of 2022
 
Applicant :- Raj Kumar
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Rahul Kumar Singh
 
Counsel for Opposite Party :- G.A.,Santosh Kumar Singh
 

 
Hon'ble Sameer Jain,J.

Heard Sri Rahul Kumar Singh, learned counsel for the applicant, Sri Santosh Kumar Singh, learned counsel for the opposite party no.2, 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 proceedings of Criminal Case No. 741 of 2022 arising out of Case Crime No. 97 of 2021, under Sections 406, 420, 504, 506 IPC, Police Station Bhudkuda, District Ghazipur pending in the court of Additional Judicial Magistrate (Junior Division) Saidpur, District Ghazipur.

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 :- 21.10.2022

AK Pandey