Disposed

Saurabh Singh and 8 Others v. State of U.P. and 2 Others

Allahabad HC6 Sept 2022A482/12482/2022

Case brief

AI extract

What is this about?

In an Application under Section 482, the High Court did not decide on the quashing of the charge sheet. Instead, it directed the lower trial court to consider any future bail application filed by the applicants within four weeks in accordance with the principles laid down in Satender Kumar Antil.

What did the court decide?

Direction that bail application decided on Satender Kumar Antil principles if filed within four weeks.

Saurabh Singh and 8 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 12482 of 2022

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Applicant :- Saurabh Singh And 8 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vimal Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Shivaji, Advocate, holding brief of Sri Vimal Kumar Pandey, learned counsel for the applicants, Sri Ravi Kant Kushwaha, learned AGA, for the State, and perused the record of the case.

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By way of the present application, the applicants have made a prayer to set aside the impugned charge sheet in Case No.2141 of 2022 arising out of Case Crime No. 459 of 2021 dated 13.1.2022, under Sections 147,323,506,342,504 and 308 IPC, Police Station Hata, District Kushi Nagar pending in the court of Additional Chief Judicial Magistrate, Kushi Nagar at Kasya.

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At the very outset, learned counsel for the applicants submits that he 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 case 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.

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Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light

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of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).

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Accordingly, it is directed that if applicants appear before the trial court within four weeks from today and move bail application then their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case 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 :- 6.9.2022 SKM

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Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.09.07 15:29:26 IST Reason: Location: High Court of Judicature at Allahabad

Saurabh Singh and 8 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Saurabh Singh and 8 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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