In Criminal Application u/s 482, the applicant conceded the prayer to quash the N.B.W. sought direction to lower court to decide future bail application in light of Satender Kumar Antil jurisprudence. Court granted direction for speedy decision.
Direction issued to lower court to decide bail application in view of Satender Kumar Antil law.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 25072 of 2022
Applicant :- Rajesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA appearing on behalf of the State-respondent.
By way of filing present application u/s 482 Cr.P.C. applicant prayed to quash/set aside the non bailable warrant dated 29.11.2019 and subsequent orders issued against the applicant in complaint case No. 32 of 2013, under Sections 138 N.I. Act, pending in the court of Special Judge N.I. Act-2, Allahabad, pending in the court of Special Judge N.I. Act-2, Allahabad.
At the very outset, learned counsel for the applicant submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicant will appear and apply for bail then his bail application shall be decided in view of the observation made by the Apex Court in the cases of Satender Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] and Satender Kumar Antil Vs. CBI & others reported in [MANU/SC/0851/2022] .
Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicant himself does not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgements passed in the cases of Satender Kumar Antil (supras) .
In the aforesaid facts and circumstances of the case, it is directed that if the applicant appears before the court below within three weeks from today and applies for bail then his bail application shall be decided by the court below in view of law laid down by the Apex Court in the cases of Satender Kumar Antil(supras).
With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off .
Order Date :- 2.9.2022
Ankita
Digitally signed by ANKITA SRIVASTAVA Date: 2022.09.05 12:29:37 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether a direction to the lower court to decide bail application in view of Apex Court law in Satender Kumar Antil cases should be issued.
Whether the applicant's prayer to quash Non Bailable Warrant needs to be pressed as per counsel's concession.
Whether bail application filed within three weeks shall be decided in light of Satender Kumar Antil observations.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. CBI & othersReferred¶7
[2021 (10) SCC 773] · Who else cites this
Satender Kumar Antil Vs. CBI & othersReferred¶7
[MANU/SC/0851/2022]
1 provisions across 1 enactments
Rajesh Singh
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
