Citation : 2022 Latest Caselaw 15320 ALL
Judgement Date : 31 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 34332 of 2022 Applicant :- Amrita Dubey @ Amrita Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Sandeep Kumar Pandey, learned counsel for the applicant, 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 charge-sheet dated 15.05.2020 arising out of Case Crime No. 71 of 2020 as well as cognizance order dated 10.07.2020 and proceeding of Case No. 10361 of 2020, under Sections 420, 406 IPC, Police Station Jansa, District Varanasi pending in the court of A.C.J.M. Court No.10, Varanasi.
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 is 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 three 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 :- 31.10.2022
AK Pandey
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