The court directed the trial court to decide the applicant's bail application in accordance with the law laid down in Satender Kumar Antil judgments if the applicant appears within three weeks.
Direction to trial court to decide bail application based on Satender Kumar Antil law if applicant appears within three weeks.
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Court No. - 89 Case :- APPLICATION U/S 482 No. - 18696 of 2022 Applicant :- Munna Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Girija Saran Singh Counsel for Opposite Party :- G.A.,Azad Rai
Hon'ble Sameer Jain,J.
Heard Sri Girija Saran Singh, learned counsel for the applicant, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.
By way of the present application, the applicant made a prayer to quash the proceedings of Case No. 3838 of 2018 arising out of Case Crime No. 121 of 2017, under Section 3/4 Prevention of Damages to Public Property Act, 1984 pending in the court of Additional Civil Judge (J.D.)/J.M. Court No.6.
Learned counsel for the applicant 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 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).
Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, his 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: 2022.09.30 18:53:21 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the trial court to decide bail application based on Apex Court judgments in Satender Kumar Antil cases.
1 provisions across 1 enactments
Munna Singh
State Of U.P.
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
