Ram Bahadur vs The State Of U.P And Anr.
2024 Latest Caselaw 16527 ALL

Allahabad High Court

Ram Bahadur vs The State Of U.P And Anr. on 10 May, 2024

Author: Renu Agarwal

Bench: Renu Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36197
 
Court No. - 29
 

 
Case :- APPLICATION U/S 482 No. - 4706 of 2013
 

 
Applicant :- Ram Bahadur
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Indrajeet Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
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 following prayer:-

"(i) quash the entire criminal proceeding including impugned Charge Sheet No. 56 of 2012, arises out of Case Crime No. 111 of 2012, under Section 419, 420, 467, 468, 471 I.P.C., Police Station Motiganj, District Gonda and cognizance taken thereupon on 07.03.2013 and summoning order dated 07.03.2013, issued by Judicial Magistrate-I, Gonda and impugned order dated 30.06.2013, issuing bailable warrant against the petitioner.

(ii) Stay the further proceeding of case No. 56 of 2013, pending before the Judicial Magistrate-I, Gonda in pursunce to case crime No. 111 of 2012 under Section 419, 420, 467, 468, 471 I.P.C., Police Station Motiganj, District-Gonda, including implementation of coercive process issued against petitioner."

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 within three weeks 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.

7. Applicant is directed to appear before the trial court within one after date of production of certified copy of this order.

(Renu Agarwal,J.)

Order Date :- 10.5.2024

Karan