In a Section 482 Cr.P.C. petition to quash a cognizance order and charge sheet, the High Court granted the petitioner liberty to move for bail before the trial court within fifteen days, relying on the Supreme Court judgment in Satender Kumar Antil.
Liberty granted to file bail application before trial court within fifteen days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- APPLICATION U/S 482 No. - 21368 of 2021
Applicant :- Subhash Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner, learned AGA and perused the record.
In view of order being proposed to be passed, notices to opposite party no.2 stand dispensed with.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the cognizance order dated 28.06.2021 passed in Case No. 1683 of 2021 as well as Charge Sheet No. 08 of 2021, dated 27.01.2021 under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, Police Station Suriyawan, District Bhadohi pending in the Court of Judicial Magistrate-I, District Bhadohi.
At this stage, learned counsel for the petitioner submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which 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.
On due consideration to the submissions of learned counsel for the parties', liberty is granted to the petitioner to move an application for grant of bail before the trial court within fifteen
days' from today and the same shall be decided within 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 :- 23.3.2022 Ashish
Digitally signed by ASHISH MISHRA Date: 2022.03.23 15:10:15 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. should be disposed of by granting liberty to move for bail under the Satender Kumar Antil test.
Whether the petitioner should be granted liberty to file a bail application before the trial court.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherExplained¶9
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another order dated 7.10.2021
1 provisions across 1 enactments
Subhash Chandra
State of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
