Allowed

Markandey and 3 Others v. State of U.P. and Another

Allahabad HC24 Aug 2022A482/25474/2022

Case brief

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What is this about?

Application u/s 482 CrPC where applicant withdrew prayer to quash proceedings but sought direction for bail decision based on Satender Kumar Antil precedent. Court directed trial court to decide bail in light of Apex Court law upon appearance within three weeks.

What did the court decide?

Directed trial court to decide bail application in light of Satender Kumar Antil law upon applicant's appearance within three weeks.

Markandey and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 25474 of 2022

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Applicant :- Markandey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Amar Nath Tiwari, learned counsel for the applicants, Sri Jhamman Ram, learned AGA, 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 entire criminal proceedings along with NBW order dated 10.10.2012 passed by Civil Judge (J.D.), Room No.25, Deoria in Complaint Case No.2804 of 2010, under Sections 147, 148, 427, 392, 323, 504, 506 and 452 IPC.

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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 case of Satender Kumar Antil (supras).

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With these direction/observation, the present application is, accordingly, disposed of.

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Order Date :- 24.8.2022 SKM

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Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.08.25 13:13:23 IST Reason: Location: High Court of Judicature at Allahabad

Markandey and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Markandey and 3 Others v. State of U.P. and Another

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