Ram Preet And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 12882 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 24176 of 2022
 
Applicant :- Ram Preet And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kamlesh Kumar Tiwari
 
Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav
 

 
Hon'ble Sameer Jain,J.

Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicants, Sri Yashpal Yadav, learned counsel for the opposite party no.2, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the proceedings of Case No. 6294 of 2020 arising out of Case Crime No. 144 of 220, under Sections 147, 148, 323, 325, 308, 506 IPC, Police Station Khorabar, District Gorakhpur pending in the court of Additional Session Judge/Special Judge (POCSO Act), Gorakhpur.

Learned counsel for the applicants 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 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 applicants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and apply for bail then, their 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 :- 13.9.2022

AK Pandey