Aijaz And Another vs State Of U.P. And Another
2022 Latest Caselaw 12867 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 17379 of 2022
 

 
Applicant :- Aijaz And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Arvind Kumar Srivastava,Akhilesh Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Akhilesh Kumar Yadav, 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 proceedings of Complaint Case No.1695 of 2020, pending in the court of Judicial Magistrate,court no.2, Bijnor and as well as order dated 26.10.2021 summoning applicant no.1 under Sections 452 and 354 IPC and applicant no.2 under Section 33 IPC, Police Station Kotwali Dehat, District Bijnor.

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 :- 13.9.2022

SKM