Sani vs State Of U.P. And Another
2022 Latest Caselaw 15326 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 31491 of 2022
 
Applicant :- Sani
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mohd. Ayub
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Akhilesh Kumar, Advocate holding brief of Sri Mohd. Ayub, learned counsel for the applicant, 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 proceedings of Special Case No. 465 of 2019 arising out of Case Crime No. 318 of 2018, under Sections 354 (Ka) 506 IPC and 7/8 POCSO Act, Police Station Lohamandi, District Agra as well as N.B.W. dated 08.02.2021 passed by Additional District Judge, Court No.28, Agra.

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