The High Court directed the lower trial court to decide the applicants' bail application within the stipulated timeframe, adhering to the legal principles established in the Satender Kumar Antil judgments.
Directed the trial court to decide the applicants' bail application based on Satender Kumar Antil law within three weeks.
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Court No. - 89 Case :- APPLICATION U/S 482 No. - 14183 of 2022 Applicant :- Sunil Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Nath Yadav,Abhishek Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ravindra Nath Yadav, learned counsel for the applicants, Sri Tanay Kumar, learned AGA for the State and perused the record of the case.
By way of the present application, the applicants made a prayer to quash the charge-sheet dated 14.01.2021 as well as cognizance order dated 20.02.2021 arising out of Case Crime No. 08 of 2021, under Sections 147, 148, 323, 504, 506, 325 IPC, Police Station Sarpatahan, District Jaunpur pending in the court of Additional Chief Judicial Magistrate-III, Jaunpur.
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.
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 of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).
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).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 27.9.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.27 19:33:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant a direction to the trial court to decide the bails application in light of the Apex Court law in Satender Kumar Antil cases.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Breau of InvestigationReferred¶5
Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773 · Who else cites this
Satender Kumar Antil Vs. Central Breau of Investigation and othersReferred¶5
Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022
Sunil Kumar And 5 Others
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
