Jag Prasad vs State Of U.P. Thru. Prin. Secy. Home ...
2023 Latest Caselaw 34898 ALL

Allahabad High Court

Jag Prasad vs State Of U.P. Thru. Prin. Secy. Home ... on 13 December, 2023

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:81840
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 12089 of 2023
 

 
Applicant :- Jag Prasad
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Farooq Ayoob,Mohammad Ashraf,Shafaq Fatima
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard Sri Mohd. Ashraf, Advocate holding brief of Sri Farooq Ayoob, learned counsel for the appellant and Sri Aatreya Tripathi, learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by the applicant-Jag Prasad against the impugned summoning order dated 05.05.2023 passed by the Court of Additional Chief Judicial Magistrate, Court No. 25, Barabanki in Crime No. 204/2022 in Case No. 429/2023, Under Section 2/3 Prevention of Damage to Public Property Act, Police Station Dariyabad, District Barabanki as well as Charge-sheet No. 214/2022 dated 18.07.2022.

After some argument, learned counsel for the applicant confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicant, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years.

Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicant and submit that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicant, expeditiously in accordance with law after hearing the public prosecutor.

In view of the submissions made by learned Counsel for the parties, if the applicant appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra).

With the aforesaid observations, this application is finally disposed of.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 13.12.2023

Arvind