Dharmendra Chaudhary And 9 Others vs State Of U.P. And Another
2022 Latest Caselaw 15302 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 9544 of 2018
 
Applicant :- Dharmendra Chaudhary And 9 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ganesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Ganesh Kumar, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the B.W. dated 15.01.2018 passed by Chief Judicial Magistrate, Sant Kabir Nagar arising out of Case Crime No. 0522 of 2017, under Sections 147, 352, 504, 506, 379 IPC and 3(i)(x) SC/ST Act, Police Station Khalilabad, District Sant Kabir Nagar pending in the court of Judicial Magistrate, Sant Kabir Nagar.

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 is 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 three 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 :- 31.10.2022

AK Pandey