Rambharat And 2 Others vs State Of U.P. U.P. And Another
2022 Latest Caselaw 13946 ALL

Citation : 2022 Latest Caselaw 13946 ALL
Judgement Date : 27 September, 2022

Allahabad High Court

Rambharat And 2 Others vs State Of U.P. U.P. And Another on 27 September, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 27848 of 2022
 
Applicant :- Rambharat And 2 Others
 
Opposite Party :- State Of U.P. U.P. And Another
 
Counsel for Applicant :- Manindra Mohan Pandey,Pankaj Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Manindra Mohan Pandey, learned counsel for the applicants, Sri Ravi Kant Kushwaha, 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 entire proceedings including the charge sheet dated 10.01.2021 as well as cognizance/summoning order dated 29.09.2021 passed by Chief Judicial Magistrate, Sant Kabir Nagar in Case No.13059 of 2021 (State vs Anil Yadav and others) arising out of Case Crime No.0698 of 2019, under Sections 147, 149, 341, 336, 427, 353 IPC, Section 7 of Criminal Law Amendment Act and Section 3/4 of Prevention of Damages to Public Property Act, P.S. Khalilabad District Sant Kabir Nagar pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.

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 :- 27.9.2022/SP