Disposed

Farman Chirodiya v. State of U.P. and Another

Allahabad HC15 Sept 2022A482/27327/2022

Case brief

AI extract

What is this about?

The applicant sought to quash the charge sheet and criminal proceedings but withdrew this prayer. The court directed the trial court to decide the applicant's pending bail application in accordance with Supreme Court rulings in Satender Kumar Antil cases, if filed within three weeks. The application was disposed of accordingly.

What did the court decide?

Direction to the trial court to decide the applicant's bail application based on Satender Kumar Antil precedents if applied for within three weeks.

Farman Chirodiya 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. - 27327 of 2022

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Applicant :- Farman Chirodiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Anil Kumar Jaiswal learned counsel for the applicant, Sri Varun Kumar Agnihotri, learned brief holder for the State and perused the record of the case.

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By way of the present application, the applicant made a prayer to quash the charge sheet no. 662 of 2018 dated 21.07.2018 as well as entire criminal proceeding of Case No. 4892 of 2018 (State v. Farman Chirodiya and others), arising out of Case Crime No. 755 of 2018, under Section 3/5A/8 of Prevention of Cow Slaughter Act, Police Station Kotwali, District Baghpat.

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Sri Anil Kumar Jaiswal, learned counsel for the applicant 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 applicant in the light of the law laid down by the Apex Court in the cases 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras) .

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Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases 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 :- 15.9.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.09.16 14:33:19 IST Reason: Location: High Court of Judicature at Allahabad

Farman Chirodiya v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Farman Chirodiya v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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