The Hon'ble Court disposed of an application under Section 482 Cr.P.C. granting liberty to the applicant to file a bail application, which shall be decided within ten days if filed within fifteen days, relying on the law laid down in Satender Kumar Antil.
Liberty granted to file bail application within 15 days to be decided within 10 days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 10849 of 2022
Applicant :- Phool Chandra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner/ applicant and learned counsel for the opposite parties as well as perused the record.
The present petition under Section 482 Cr.P.C has been filed by the petitioner with the prayer to quash the impugned summoning order dated 04.01.2022 passed by the learned Chief Judicial Magistrate, Allahabad and charge sheet dated 18.08.2021 as well as the entire criminal proceedings of Criminal Case No.404 of 2022, Case Crime No.178 of 2021, Under Section 420 I.P.C. and Section 3 of Mahamari Adhiniyam, 1897, Police Station - Kotwali, District - Prayagraj, pending before the court of Chief Judicial Magistrate, Allahabad.
After arguing at some length, learned counsel for the petitioner submits that a liberty may be given to the petitioner/ applicant to file bail application before the learned trial court and the same may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner.
As prayed by the learned counsel for the applicant / petitioner', it is provided that in case, the petitioner moves bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 12.5.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.05.13 09:00:57 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another
Phool Chandra Singh
Manish Kumar
As recorded by the court registry
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