Citation : 2023 Latest Caselaw 1231 ALL
Judgement Date : 11 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 41395 of 2022 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
By means of this application u/s 482 Cr.P.C. the applicant has prayed for quashing of the N.B.W. dated 4.3.2021 passed by learned court of Addl. District Judge, Court No. 3, Bijnor in Session Trial No. 1049 of 2020 (Gaurav and another Vs State of UP), arising out of Case Crime No. 238 of 2020, under Section 5.25 of Arms Act, P.S. Mandawar, District Bijnor.
After arguing for while, learned counsel for the applicant does not want to press the relief sought in the application. He submits 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 direction may be given to the court below to consider the bail application of the applicant 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 applicant approaches the trial court for bail, 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).
As such application has no force and is accordingly disposed of.
Order Date :- 11.1.2023
RavindraKSingh
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