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Upendra Kumar v. State Of U.p. And Another

Upendra Kumar v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 20367 of 2022 | 13-10-2022

Sameer Jain, J.

1. Heard Sri Zafar Abbas, learned counsel for the applicant, Sri Sudhanshu Pandey, learned counsel for the opposite party no.2 and Sri Tanay Kumar, learned AGA for the State.

2. By way of the present application, the applicant made a prayer to quash the charge-sheet dated 01.07.2021 arising out of Case Crime No. 158 of 2021 as well as cognizance and summoning order dated 20.09.2021 and proceedings of Criminal Case No. 6439 of 2021, under Sections 384, 504, 506 IPC, Police Station Paniyara, District Maharajganj pending in the court of Chief Judicial Magistrate, Maharajganj.

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 Breau of Investigation, reported in 2021 (10) SCC 773 [LQ/SC/2021/3291 ;] ">2021 (10) SCC 773 [LQ/SC/2021/3291 ;] [LQ/SC/2021/3291 ;] and Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022.

4. Learned AGA and learned counsel for the opposite party no.2 are 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 four 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.

Advocate List
  • Zafar Abbas

  • G.A.,Sudhanshu Pandey

Bench
  • Hon'ble Justice Sameer Jain
Eq Citations
  • LQ
  • LQ/AllHC/2022/18026
Head Note

Penal Code, 1860 — Ss. 384, 504 and 506 r/w S. 120-B — Bail — Directions to court concerned to decide bail application on basis of law laid down in Satender Kumar Antil, (2021) 10 SCC 773