This order granted liberty to the applicants to file a bail application before the trial court, conditional upon a specific timeline for disposal, citing a recent Supreme Court order.
Liberty granted to file bail application before trial court within 15 days, with direction to decide same within 10 days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 20773 of 2021 Applicant :- Dilshad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Srivastava,Mehendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners/ applicants and learned counsel for the opposite parties as well as perused the record.
The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash the entire proceedings as well as summoning order dated 09.03.2021 passed by the learned Civil Judge (J.D.) / F.T.C. (Offences Against Women), Saharanpur upon the complaint filed by the Opposite Party No.2 in Complaint Case No.1121 of 2020, under Section 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station - Behat, District - Saharanpur, pending before the Civil Judge (J.D.)/ F.T.C. (Offences Against Women), Saharanpur.
After arguing at some length, learned counsel for the petitioners/ applicants submits that a liberty may be given to the petitioners/ applicants to file bail application before the learned trial court and the same may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioners/ applicants.
As prayed by the learned counsel for the applicants / petitioners', it is provided that in case, the petitioners move bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 7.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.07 18:42:21 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶6
Satender Kumar Antil versus Central Bureau of Investigation and another
Dilshad And 4 Others
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
