Disposed

Hukum Singh and 4 Others v. State of U.P. and Another

Allahabad HC12 Sept 2022A482/23117/2022

Case brief

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What is this about?

Applicants sought directions to the trial court to decide their bail application based on the law laid down in Satender Kumar Antil. Court directed the trial court to decide bail on the apex court law if applications are filed within three weeks.

What did the court decide?

Direction to trial court to decide bail application on basis of law in Satender Kumar Antil if filed within three weeks.

Hukum Singh and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 23117 of 2022

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Applicant :- Hukum Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Avinash Pandey, learned counsel for the applicants, Dr. S.B.Maurya, learned AGA-I, for the State, and perused the record of the case.

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By way of the present application, the applicants have made a prayer to quash the proceedings of Complaint Case No.85 of 2022, under Sections 143, 323 and 452 IPC, Police Station Ramur Maniharan, District Saharanpur pending in the court of Judicial Magistrate-Ist, Saharanpur and as well as summoning order dated 4.7.2022.

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At the very outset, learned counsel for the applicants submits that he 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 applicants in the light of the law laid down by the Apex Court in the case 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.

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Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light of the judgments of the Apex Court in the case of Satender Kumar Antil (supras).

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Accordingly, it is directed that if applicants appear before the trial court within three 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

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case of Satender Kumar Antil (supras). With these direction/observation, the present application is, accordingly, disposed of.

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Order Date :- 12.9.2022 SKM

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Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.09.13 18:39:39 IST Reason: Location: High Court of Judicature at Allahabad

Hukum Singh and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Hukum Singh and 4 Others v. State of U.P. and Another

Case brief

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