The High Court directed the trial court to decide the applicants' bail applications based on the legal principles established by the Supreme Court in Satender Kumar Antil, if filed within three weeks.
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Court No. - 89
Case :- APPLICATION U/S 482 No. - 17341 of 2022
Applicant :- Mahaveer And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.,Arun Kumar Vishvakarma
Hon'ble Sameer Jain,J.
Heard Sri Viveka Nand Rai, learned counsel for the applicants, Sri Arun Kumar Vishvakarma, learned counsel for opposite party no.2, Sri Tanay Kumar, learned AGA, for the State, and perused the record of the case.
By way of the present application, the applicants have made a prayer to quash the entire criminal proceeding of charge sheet dated 15.10.2021 arising out of Case Crime No. 186 of 2021, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Fatehpur Sikari, District Agra and as well as cognizance/summoning order dated 22.12.2021 passed by Additional Chief Judicial Magistrate, Court No.1, Agra.
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.
Sri Arun Kumar Vishvakarma, learned counsel for opposite party no.2 and the learned AGA 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 case of Satender Kumar Antil (supras).
Accordingly, it is directed that if applicants appear
before the trial court within three 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).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 13.9.2022 SKM
Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.09.15 18:50:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail applications of the applicants should be decided by the trial court based on the principles laid down by the Supreme Court in Satender Kumar Antil.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationReferred¶7
Satender Kumar Antil Vs. Central Breau of Investigation, 2021 (10) SCC 773 · Who else cites this
Satender Kumar Antil Vs. Central Bureau of Investigation and othersReferred¶7
Satender Kumar Antil Vs. Central Breau of Investigation and others, MANU/SC/0851/2022
2 provisions across 2 enactments
Mahaveer And 6 Others
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
