Rajbeer Singh And 9 Others vs State Of U.P. And Another
2022 Latest Caselaw 13830 ALL

Citation : 2022 Latest Caselaw 13830 ALL
Judgement Date : 26 September, 2022

Allahabad High Court

Rajbeer Singh And 9 Others vs State Of U.P. And Another on 26 September, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 11650 of 2022
 
Applicant :- Rajbeer Singh And 9 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pavan Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Vide order dated 18.7.2022 notice was issued to opposite party No.2. As per the office report dated 16.8.2022 notice issued to opposite party No.2 is duly served upon opposite party No.2 but in spite of the notice none appears on his behalf, therefore, the case is taken up in the absence of opposite party No.2 and his counsel.

Heard Sri Pavan Kumar, learned counsel for the applicants, Sri Jhhamman Ram, learned AGA for the State and perused the record of the case.

By way of the present application, the applicants made a prayer to quash the proceedings of Criminal Complaint Case No. 07 of 2021 (Dayawati Vs. Rajbeer Singh and Others) under Sections 147, 323, 427 I.P.C. and Section 3(1) (Da) (Dha) of S.C./S.T. Act, Police Station Nagina, District Bijnor, pending before the Special Judge (S.C./S.T. Act), Bijnor as well as summoning order dated 25.3.2022.

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 :- 26.9.2022

Md Faisal