Dismissed

Sunil Kumar and 3 Others v. State of U.P. and Another

Allahabad HC31 Aug 2022A482/12087/2022

Case brief

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What is this about?

The Allahabad High Court disposed of an application under Section 482 CrPC. Instead of quashing proceedings, the Court directed the Special Judge, Ghaziabad, to decide the applicants' bail application based on the legal principles laid down in the Supreme Court judgments of Satender Kumar Antil, provided the applicants apply within three weeks.

What did the court decide?

Directed the trial court to decide the bail application on the basis of the law laid down in Satender Kumar Antil cases if applied within three weeks.

Sunil Kumar and 3 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2022)

¶1

Court No. - 87 Case :- APPLICATION U/S 482 No. - 12087 of 2022 Applicant :- Sunil Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.,Syed Ali Imam

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Hon'ble Sameer Jain,J.

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Heard Sri Jitendra Kumar, learned counsel for the applicants, Sri Syed Ali Imam, learned counsel for the opposite party no.2, Sri Jhamman Ram, learned AGA for the State and perused the record of the case.

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By way of the present application, the applicants made a prayer to quash the summoning order dated 28.02.2022 and proceedings of Complaint Case No. 99 of 2021, under Sections 452, 323, 504, 506 IPC and 3(1)(Da)(Dha) SC/ST Act, Police Station Masoori, District Ghaziabad pending in the court of Special Judge (SC/ST Act), Ghaziabad.

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Sri Jitendra Kumar, 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 applicants 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 and Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022.

¶6

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 applicants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

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Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and apply for bail then, their 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).

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With these direction/observation, the present application is, accordingly, disposed of.

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Order Date :- 31.8.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.01 10:58:55 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Kumar and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Sunil Kumar and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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