The court granted liberty to the applicants to file a bail application before the trial court within fifteen days, ensuring the trial court decides it within ten days, relying on Supreme Court law in Satender Kumar Antil.
Liberty granted to applicants to file bail application within fifteen days; trial court to decide within ten days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 5548 of 2022
Applicant :- Brijesh Mishra And 10 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.,Devendra Mani Tiwari
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners/ applicants and learned counsel for the opposite parties as well as perused the record.
The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash charge sheet dated 13.08.2021 alongwith cognizance order dated 16.12.2021 passed by Learned Additional Chief Judicial Magistrate 2nd Jaunpur as well as entire criminal proceeding of Case No.1880 of 2021, arising out of Case Crime No.129 of 2021, u/s 147, 148, 323, 504, 325, 308 I.P.C., at P.S. - Skrara, District - Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate 2nd Jaunpur.
After arguing at some length, learned counsel for the petitioners/ applicants submits that a liberty may be given to the petitioners/ applicants to file bail application before the learned trial court and the same may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioners/ applicants.
As prayed by the learned counsel for the applicants / petitioners', it is provided that in case, the petitioners move bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 25.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.26 09:40:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether liberty should be given to the applicants to file a bail application before the trial court within fifteen days.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherExplained¶7
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another
Brijesh Mishra And 10 Others
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
