The High Court did not press the application to quash proceedings but directed the trial court to decide the applicants' bail application based on the principles laid down in Satender Kumar Antil judgments.
Direction to trial court to decide bail application based on Satender Kumar Antil law.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 18500 of 2022
Applicant :- Vipul Jaiswal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Karunesh Pratap Singh, learned counsel for the applicants, Dr. S.B.Maurya, learned AGA-I, 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 proceeding of Case No.15740 of 2021 arising out of Case Crime No.742 of 2015, under Sections 323, 506, 427 and 308 IPC, Police Station Khorabar, District Gorakhpur pending in the court of Additional Chief Judicial Magistrate-I, Gorakhpur as well as charge sheet dated 28.11.2017 and cognizance-cum-summoning order dated 26.2.2021.
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.
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 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 :- 30.8.2022 SKM
Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.08.30 19:06:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application of the applicants should be decided by the trial court in light of the law laid down by the Apex Court 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
Vipul Jaiswal And Another
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
