Citation : 2024 Latest Caselaw 16525 ALL
Judgement Date : 10 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:36238 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4330 of 2024 Applicant :- Mohd. Muttaqi And 9 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Heard learned counsel for applicant, learned AGA for the State and perused the record of the case.
2. Present application under Section 482 Cr.P.C. has been preferred by the applicant with the prayer to quash the charge sheet dated 06.09.2020 and the order of cognizance and summoning dated 18.03.2021 pending in the court of Chief Judicial Magistrate, Court No. 16, Sultanpur in Criminal Case No. 1306 of 2021 Case Crime No. 482 of 2020 under Section 147, 148, 149, 323, 504, 506, 325, 308, 336 IPC Police Station Kotwali Nagar District Sultanpur.
3. Learned counsel for the applicant 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 before 30.05.2024 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 :- 10.5.2024
Nadeem
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