Citation : 2024 Latest Caselaw 15884 ALL
Judgement Date : 7 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ? Neutral Citation No. - 2024:AHC-LKO:35216 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4180 of 2024 Applicant :- Anirudh Divedi And 3 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And 2 Others Counsel for Applicant :- Saurabh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Heard learned counsel for applicants, learned AGA for the State and perused the materials brought on record.
2. Instant application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the impugned charge-sheet dated 19.12.2023 and the order of cognizance and summoning order dated 24.04.2024 issued by learned Special Judge SC/ST Act, Lucknow in Crl. Case No. 01/2023 "State Vs. Anirudh Dwivedi and Ors." vide case crime No. 510 of 2023, under Section 452, 323, 504, 506 I.P.C. and 3(1)(R),3(1)(S), 3(2)(va) SC & ST Act, Police Station-Mohanlalganj, District-Lucknow and further proceedings of the case passed in pursuance thereof.
3. Learned counsel for the applicants does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022.
4. Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).
5. Accordingly, it is directed that if applicant appears before the trial court within two months from today and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).
6. With these direction/observation, the present application is, accordingly, disposed of.
(Renu Agarwal, J.)
Order Date :- 7.5.2024
Karan
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