Shiv Nayak Agrahari vs State Of U.P. And Another
2022 Latest Caselaw 13220 ALL

Citation : 2022 Latest Caselaw 13220 ALL
Judgement Date : 15 September, 2022

Allahabad High Court

Shiv Nayak Agrahari vs State Of U.P. And Another on 15 September, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 20957 of 2021
 

 
Applicant :- Shiv Nayak Agrahari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satyvrat Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Satyvrat Tripathi, learned counsel for the applicant, Sri Ravi Kant Kushwaha, learned A.G.A. for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash charge sheet no. 11/2021 dated 22.01.2021, cognizance order dated 20.02.2021 as well as entire proceeding of Case No. 445/IX/2021 State v. Shiv Nayak Agrahari), arising out of Case Crime No. 0024 of 2020, under Section 3/7 of Essential Goods Act, Police Station Manikpur, District Chitrakoot, pending in the court of Chief Judicial Magistrate, Chitrakoot.

Sri Satyvrat Tripathi, learned counsel for the applicant 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 applicant 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, his bail applications 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 :- 15.9.2022

VPS