Mumtaz Ahmad And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 651 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 9638 of 2022
 

 
Applicant :- Mumtaz Ahmad And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Firoz Ahmad Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants and Shri Aniruddha Kumar Singh, learned A.G.A. for the State as well as perused the record.

Instant application under Section 482 Cr.P.C has been filed with prayer quashing of the impugned order dated 24.08.2022 passed by learned Sessions, Bahraich in Bail Application No.1875/12-A/2022; Mumtaz Ahmad and others versus State of U.P., arising out of Case Crime No.29 of 2019, under Sections 323, 504 and 308 IPC, Police Station - Fakharpur, District - Bahraich.

Learned counsel appearing for the applicant submits that vide order dated 30.06.2022 passed in Application U/S No.4095 of 2022, the applicant was given liberty to move appropriate regular bail application under Section 439 of Cr.P.C. before the trial court within 30 days and he was accorded the benefit of ratio of the judgement of Hon'ble Supreme in Satender Kumar Antil (supra). He further added that due to inadvertence, he could move surrender application before the court concerned and had sought the benefit of ratio of the judgement in the case of Satender Kumar Antil (supra) and thereafter the learned trial court on the premise of the fact that the applicant has not complied with the mandate of the Section 439 of Cr.P.C. and thus, the bail application of the applicant was rejected vide order dated 24.08.2022. He submits that this Court may be pleased to provide him the liberty to appear before the court concerned and to move surrender application along with the bail application and the same may be decided in the light of ratio of the judgement of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.

On the other hand, learned AGA appearing for the State has no objection to the contention aforesaid.

Considering the submissions of learned counsel for the parties and after perusal of material placed on record, the impugned order dated 24.08.2022 passed by learned Sessions Judge, Bahraich, in Bail Application No.1875/12-A/2022; Mumtaz Ahmad and others versus State of U.P., arising out of Case Crime No.29 of 2019, under Sections 323, 504 and 308 IPC, Police Station - Fakharpur, District - Baharaich is hereby set aside and the liberty is granted to the applicant to move an application for surrender as well as the bail application before the court concerned and if such application is moved, the same shall be decided considering the ratio of the judgment rendered in Satender Kumar Antil (supra).

With the aforesaid observations, the instant application is hereby disposed off.

Order Date :- 6.1.2023

KR