Rajendra Prasad Yadav vs State Of U.P. And Another
2022 Latest Caselaw 13237 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 16199 of 2022
 

 
Applicant :- Rajendra Prasad Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Muktesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Muktesh Kumar Singh, learned counsel for the applicant, Sri Jhamman Ram, learned AGA, for the State, and perused the record of the case.

By way of the present application, the applicant has made a prayer to quash the summoning order dated 7.11.2019, under Sections 406 and 506 IPC passed by Additional Chief Judicial Magistrate, Court No.17, Allahabad in Complaint Case No. 134 of 2018, Police Station Soraon, District Allahabad.

At the very outset, learned counsel for the applicants submits that he 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 case 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 case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and move bail application then his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supras).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 15.9.2022

SKM