The court granted liberty to the applicants to file a bail application before the trial court within fifteen days, relying on the precedent set in Satender Kumar Antil.
Liberty granted to applicants to file an application for grant of bail before the 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. - 22518 of 2021
Applicant :- Vivek Kumar And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing Charge-sheet no. 106 of 2019, dated 19.09.2019 and Cognizance Order dated 13.11.2019 as well as entire proceedings of Case No. 7465 of 2019 arising out of Case Crime No. 53 of 2019, under Sections 147, 323, 332, 353, 342 and 504 of the Indian Penal Code and under Section 7 of the Criminal Law Amendment Act, Police Station Mirhachi, District Etah.
After arguing at some length learned counsel for the petitioners 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 petitioners 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 :- 4.4.2022
Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.05 12:49:37 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant liberty to the applicants to prefer a bail application before the trial court.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherDistinguished¶7
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another
Satender Kumar Antil versus Central Bureau of Investigation and anotherApplied¶10
Satender Kumar Antil versus Central Bureau of Investigation and another (supra)
1 provisions across 1 enactments
Vivek Kumar And 4 Others
State Of U.P.And Another
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
