Mahaveer And 6 Others vs State Of U.P. And Another
2022 Latest Caselaw 12868 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 17341 of 2022
 

 
Applicant :- Mahaveer And 6 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Viveka Nand Rai
 
Counsel for Opposite Party :- G.A.,Arun Kumar Vishvakarma
 

 
Hon'ble Sameer Jain,J.

Heard Sri Viveka Nand Rai, learned counsel for the applicants, Sri Arun Kumar Vishvakarma, learned counsel for opposite party no.2, Sri Tanay Kumar, 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 criminal proceeding of charge sheet dated 15.10.2021 arising out of Case Crime No. 186 of 2021, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Fatehpur Sikari, District Agra and as well as cognizance/summoning order dated 22.12.2021 passed by Additional Chief Judicial Magistrate, Court No.1, Agra.

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.

Sri Arun Kumar Vishvakarma, learned counsel for opposite party no.2 and the learned AGA are 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