The High Court directed the trial court to decide the applicants' bail application on merits if they appear within two weeks, adhering to the Apex Court's direction in Satender Kumar Antil.
Direction given to lower court to decide bail application if applicants appear within two weeks.
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. - 91 Case :- APPLICATION U/S 482 No. - 21848 of 2021 Applicant :- Vipul Singh Bhadauriya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- V.K.S. Somvanshi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Rahul Kumar Mishra, Advocate holding brief of Sri V.K.S. Somvanshi, learned counsel for the applicants, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.
By way of present application, applicants made prayer to proceedings of Case No. 93500 of 2021 (Sate Vs. Vipul Singh Bhadauriya and others) arising out of Case Crime No. 1401 of 2020, under Sections 498A, 323, 504, 506, 354(k) IPC and 3/4 D.P. Act, Police Station Kalyanpur, District Kanpur Nagar pending in the court of C.M.M., Kanpur Nagar.
Learned counsel for the applicants submitted that he does not want to press the prayer made in the application. However, he submits that a suitable direction for bail may be given to the trial court that when applicants appear and apply for bail, then their bail application shall be decided by the court below in view of law laid down by the Apex Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation and another 2021 (10) SCC 773.
Learned AGA is having no objection if any such direction is given to the court concerned to decide the bail application of the applicants in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).
Accordingly, it is directed that if applicants appear before the trial court within two 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 (supra).
With these direction/observation, the present application is, accordingly, disposed off.
Order Date :- 26.5.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.05.29 15:03:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can issue a direction to the trial court to decide the bail application of the applicants based on 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 Bureau of Investigation and anotherExplained¶5
Satender Kumar Antil Vs. Central Bureau of Investigation and another 2021 (10) SCC 773 · Who else cites this
Vipul Singh Bhadauriya and 3 Others
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
