This court directed the trial court to decide the applicants' bail application based on the law laid down in Satender Kumar Antil cases if filed within four weeks.
Directed trial court to decide bail application based on Satender Kumar Antil cases if filed within four weeks.
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Court No. - 89
Case :- APPLICATION U/S 482 No. - 27201 of 2022
Applicant :- Kuldeep And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri V.P.Singh Kashyap, learned counsel for the applicants, Dr. S.B.Maurya, learned AGA-I, for the State, and perused the record of the case.
By way of the present application, the applicants have made a prayer to quash the entire proceedings of Criminal Case No. 1409 of 2022, under Sections 147, 323, 504, 506, 354Kha and 452 IPC, pending in the court of ACJM, Kasganj as well as charge sheet dated 15.6.2022 and cognizance/summoning order dated 15.6.2022.
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 Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bread of Investigation and others, MANU/SC/0851/2022.
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).
Accordingly, it is directed that if applicants appear before the trial court within four 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).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 26.9.2022 SKM
Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.09.30 10:41:47 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court should decide the bail application of the applicants in light of the law laid down by the Apex Court in Satender Kumar Antil cases?
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationReferred¶7
Satender Kumar Antil Vs. Central Bureau of Investigation, 2021 (10) SCC 773 · Who else cites this
Satender Kumar Antil Vs. Central Bread of Investigation and othersReferred¶7
Satender Kumar Antil Vs. Central Bread of Investigation and others, MANU/SC/0851/2022
Kuldeep And 4 Others
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
