Disposed

Sunil Kumar Rastogi v. State of U.P and Another

Allahabad HC27 May 2022A482/12858/2022

Case brief

AI extract

What is this about?

The High Court, upon the applicant waiving the prayer for quashal under Section 482 Cr.P.C., directed that if the applicant applies for bail within two weeks, it must be decided in light of the Sateyndra Kumar Antil judgment.

What did the court decide?

Direction issued that if applicant applies for bail within two weeks, it shall be decided in view of Sateyndra Kumar Antil judgment.

Sunil Kumar Rastogi Vs State of U.P and Another — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 91

¶2

Case :- APPLICATION U/S 482 No. - 12858 of 2022

¶3

Applicant :- Sunil Kumar Rastogi Opposite Party :- State Of U.P And Another Counsel for Applicant :- Satyawan Shahi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sameer Jain,J.

¶5

Heard Sri Satyawan Shahi, learned counsel for the applicant, Sri Arvind Kumar, learned AGA, for the State, and perused the record of the case.

¶6

By way of filing present application u/s 482 Cr.P.C. applicant has made a prayer to quash the impugned charge sheet dated 22.5.2021 filed in Case Crime No. 362 of 2021 arising out of Case Crime No.105 of 2021, under Section 2/3 Public Property Damages Act, 1984, Police Station Milak, District Rampur and the cognizance order dated 16.8.2021 passed by the learned Additional Sessions Judge (SD)/Additional Chief Judicial Magistrate, Rampur as well as entire proceeding pending before it.

¶7

At the very outset learned counsel for the applicant submitted that he does not want to press the prayer made in the application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicant will appear and apply for bail then his bail application shall be decided in view of the observation made by the Apex Court in the case of Sateyndra Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773].

¶8

Learned AGA submitted that he has no objection if such direction is given as the learned counsel for the applicant himself does not want to press the prayer made in the present application u/s 482

¶9

Cr.P.C. and only confine his prayer that a suitable direction may be given to the court below in view of the Apex Court judgement passed in the case of Sateyndra Kumar Antil (supra).

¶10

In the aforesaid facts and circumstances of the case, it is directed that if the applicant appears before the court below within two weeks from today and applies for bail then his bail application shall be decided by the court below in view of law laid down by the Apex Court in the case of Sateyndra Kumar Antil(supra).

¶11

With the aforesaid observation, the present application u/s 482 Cr.P.C. is, accordingly, disposed of.

¶12

Order Date :- 27.5.2022 SKM

¶13

Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.05.29 14:59:40 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Kumar Rastogi v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Sunil Kumar Rastogi v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Surendra Kumar (Advocate) Vs State of U.P. and 4 Others

Shiv Kumar and 3 Others Vs State of U.P and 2 Others

Chhatra Pratap Singh Vs State of U.P. through Secretary Home, And Another

Devdatta Sharma Vs State of U.P. and Another

Utakarsh Kumar Sinha and 2 Others Vs State of U.P. and Another

Rishi Chawla Vs State of U.P.and Another