Abdul Sattar And 2 Others vs State Of U.P And Another
2023 Latest Caselaw 5754 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 43552 of 2022
 

 
Applicant :- Abdul Sattar And 2 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Syed Mohd. Khalid
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 of Cr.P.C. has been filed seeking direction to the Court below to consider and decide the Criminal Revision No. 379 of 2022 (Abdul Sattar and others Vs. State of U.P. and another) and further to direct the court below to kept in abeyance the Non-Bailable Warrant dated 21.11.2022 passe by Judicial Magistrate-Ist, Bareilly in Complaint Case No. 3856 of 2021 (Mathil Nem Chand Vs. Abdul Sattar and others), under Sections 384, 379, 504, 506, 452, 323 I.P.C., Police Station- Bisarathganj, District- Bareilly within stipulated period of time.

Learned counsel for the applicants submitted that vide order dated 13.10.2022 learned trial court summoned the applicants for facing trial of complaint case filed by opposite party no.2 against which criminal revision preferred by applicants.

The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.

After arguing for while, learned counsel for the applicants submitted that the non-bailable warrant has been issued against the applicant by the trial court and the applicant is ready to appear before the trial court and hence, some protection may be granted to him.

At this stage, learned counsel for the applicants submitted that directions may be given to the court below to consider the bail application of the applicants in view of the judgment in the case Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

In the case of Satendra Kumar Antil (supra), the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicants approach the trial court for bail through counsel, same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satendra Kumar Antil (supra).

In view of the aforesaid, the present application stands disposed of.

Order Date :- 21.2.2023

Krishna*