Disposed

Shambhu Tiwari and 5 Others v. State of U.P. and Another

Allahabad HC15 Jul 2022A482/7596/2022

Case brief

AI extract

What is this about?

Applicants filed an application under Section 482 Cr.P.C. to quash criminal proceedings. The applicants withdrew the quashing prayer and sought a direction for bail to be decided in light of the Sateyndra Kumar Antil judgment. The court granted the requested direction.

What did the court decide?

Direction to lower court to decide bail application in view of Apex Court judgment in Sateyndra Kumar Antil.

Shambhu Tiwari and 5 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 7596 of 2022

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Applicant :- Shambhu Tiwari And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sanjay Kumar Mishra, learned counsel for the applicants and Dr. S.B. Maurya learned AGA-1 appearing on behalf of the State-respondent.

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By way of filing present application u/s 482 Cr.P.C. applicants, namely, Shambhu Tiwari, Chandrahash Tiwari, Dinesh Mishra, Ram Lakhan, Amit and Rahul prayed to quash the criminal case No. 3910 of 2018, arising out of case crime No. 1263 of 2015, under Sections 147, 148, 352, 308, 504 & 506 IPC, P.S. Hata, District Kushinagar, pending in the court of Chief Judicial Magistrate, Kasya, District Kushinagar.

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At the very outset, learned counsel for the applicants 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 applicants will appear and apply for bail then their bail application shall be decided in view of the observation made by the Apex Court in the case of Sateyndra Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] .

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Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicants 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 judgement passed in the case of Sateyndra Kumar Antil (supra) .

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In the aforesaid facts and circumstances of the case, it is directed that if the applicants appear before the court below within two weeks from today and apply for bail then their bail application shall be decided by the court below in view of law laid down by the Apex Court in the case of Sateyndra Kumar Antil(supra) .

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With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off.

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Order Date :- 15.7.2022/Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.07.19 10:41:31 IST Reason: Location: High Court of Judicature at Allahabad

Shambhu Tiwari and 5 Others v. State of U.P. and Another

Case brief

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Shambhu Tiwari and 5 Others v. State of U.P. and Another

Case brief

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