Citation : 2022 Latest Caselaw 12236 ALL
Judgement Date : 6 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 18408 of 2019 Applicant :- Badan Singh And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Shiv Sharan Tripathi, learned counsel for the applicants, Sri Ravi Kant Kushwaha, learned AGA, for the State, and perused the record of the case.
By way of the present application, the applicants have made a prayer to quash the entire proceeding of Complaint Case No. 226 of 2019, under Sections 323, 504, 506 and 379 IPC, Police Station Kasganj, District Kasganj pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division)/FTC, Kasganj and as well as summoning order 14.3.2019.
At the very outset, learned counsel for the applicants submits that he 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 case 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 case of Satender Kumar Antil (supras).
Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and move bail application then their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supras).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 6.9.2022
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