Applicant requested Court No. 89 to direct the trial court to decide his bail application in the case of Satender Kumar Antil.
Direction to trial court to decide bail application in light of Satender Kumar Antil if applicant appears within three weeks.
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Court No. - 89
Case :- APPLICATION U/S 482 No. - 14716 of 2022
Applicant :- Love Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ashutosh Mishra, learned counsel for the applicant, Sri Tanay Kumar, learned AGA, for the State, and perused the record of the case.
By way of the present application, the applicant has made a prayer to quash the proceedings of Case Crime No.14 of 2019, under Sections 354, 323, 504 and 506 IPC, Police Station Haldi, District Ballia and as well as charge sheet dated 9.4.2020.
At the very outset, learned counsel for the applicant 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 applicant 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.
Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).
Accordingly, it is directed that if applicant appears before the trial court within three
weeks from today and move bail application then his 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).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 15.9.2022 SKM
Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.09.17 12:12:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant's bail application should be placed for decision in the trial court in light of the Supreme Court decision in Satender Kumar Antil.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Breau of InvestigationReferred¶7
Satender Kumar Antil Vs. Central Breau of Investigation, 2021 (10) SCC 773 · Who else cites this
Satender Kumar Antil Vs. Central Breau of Investigation and othersReferred¶7
Satender Kumar Antil Vs. Central Breau of Investigation and others, MANU/SC/0851/2022
Love Dubey
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
