Shiv Shankar Tiwari vs State Of U.P. And Another
2022 Latest Caselaw 12883 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 
Case :- APPLICATION U/S 482 No. - 24757 of 2022
 
Applicant :- Shiv Shankar Tiwari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amarnath Tiwari,Ramendra Nath Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for petitioner as well as learned Additional Government Advocate for State.

The present 482 Cr.P.C. petition has been filed to for accepting the fresh bail bonds or he may be released on bail in Session Trial No. 472/2021 "State Vs. Shiv Shanker Tiwari, arising out of case crime No. 215/2020, under Sections 354/506 I.P.C. and Section 7/8 of POCSO Act, P.S. Lanka, District Varanasi on the day of surrender in view of the judgment of the Apex Court passed in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021"

Learned counsel for petitioner, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection.

In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioner appears before the trial court within fifteen days from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).

The petition is disposed of accordingly.

Order Date :- 13.9.2022/RC