Gopi Nath vs State Of U.P.And Another
2022 Latest Caselaw 15334 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 18487 of 2022
 
Applicant :- Gopi Nath
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Narendra Deo Upahdayay,Vinay Bhushan Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Vinay Bhushan Upadhyay, learned counsel for the applicant, 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 entire proceedings of Criminal Case No. 7901 of 2021 (State Vs. Gopinath and Others) arising out of Case Crime No.150 of 2017 as well as charge sheet dated 11.2.2018 and cognizance order dated 6.8.2021 passed by Chief Judicial Magistrate, Sonebhadra, under Section 3/7 Essential Commodities Act, 1955, Police Station Pannuganj, District Sonebhadra pending in the court of Chief Judicial Magistrate, Sonebhadra.

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 as well as learned counsel for opposite party No.2 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 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 :- 31.10.2022/Md Faisal