Vijay Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko ...
2023 Latest Caselaw 34904 ALL

Allahabad High Court

Vijay Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko ... on 13 December, 2023

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:81891
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 12108 of 2023
 

 
Applicant :- Vijay Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another
 
Counsel for Applicant :- Nasreen Bano
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard learned counsel for the appellant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by the applicant-Vijay Kumar against the charge-sheet and summoning order dated 31.03.2023 in Case No. 1042/2023, arising out of Case Crime No. 43/2022, under Section354 (kha), 506 I.P.C., Police Station Loni Katra, District Barabanki and further proceedings thereof pending in the Court of Additional Chief Judicial Magistrate, Court No. 19, District Barabanki.

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