Shiwang And Another vs State Of U.P. And Another
2022 Latest Caselaw 13225 ALL

Citation : 2022 Latest Caselaw 13225 ALL
Judgement Date : 15 September, 2022

Allahabad High Court

Shiwang And Another 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. - 27408 of 2022
 

 
Applicant :- Shiwang And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Akhilesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard SriAkhilesh Kumar Pandey, learned counsel for the applicants, Sri Varun Kumar Agnihotri, learned brief holder for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash N.B.W. dated 23.02.2022 passed by Special Judge (POCSO Act), Court No. 1st, Meerut, in Special Case No. 140 of 2017, arising out of Case Crime No. 129 of 2017, (State of U.P. v. Gaje Singh and others), under Section 354-A, 120B I.P.C. and Section 3(1)(10) of S.C./S.T. Act, Police Station Rohta, District Meerut.

Sri Akhilesh Kumar Pandey, 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 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 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 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