Zakir And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 13053 ALL

Citation : 2022 Latest Caselaw 13053 ALL
Judgement Date : 14 September, 2022

Allahabad High Court

Zakir And 4 Others vs State Of U.P. And Another on 14 September, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 22749 of 2022
 
Applicant :- Zakir And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Ms. Sahin Ansari, Advocate holding brief of Sri Mohd. Akbar Shad, learned counsel for the applicants, 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 charge-sheet dated 22.06.2020 arising out of Case Crime No. 234 of 2020 as well as cognizance order dated 23.12.2021 and proceeding of Case No. 9338/9 of 2021, under Sections 323, 308, 504, 147 IPC, Police Station Jhinjhana, District Shamli pending in the court of Chief Judicial Magistrate, Shamli.

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 :- 14.9.2022

AK Pandey