Single judge granted liberty to applicants to approach the trial court for bail under Section 482 Cr.P.C., relying on specific Supreme Court orders without quashing the non-bailable warrant.
Liberty granted to move bail application to the trial court within fifteen days and decide the same within ten days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 9759 of 2022
Applicant :- Jugendra And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ram Sanehi Yadav,Priyanka Yadav Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the NBW dated 15.11.2021 passed by Judicial Magistrate, Sikandra Rao, District Hathras in Case No. 175 of 2014 arising out of Case Crime No. 668 of 2013, under Sections 147, 452, 323, 504 and 506 IPC, Police Station Sikandra Rao, District Hathras pending in the Court of Judicial Magistrate, Sikandra Rao, District Hathrash.
After arguing at some length learned counsel for the petitioners submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which 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.
On due consideration to the submissions of learned counsel for the parties', liberty is granted to the petitioners to move an application for grant of bail before the trial court within fifteen days' from today and the same shall be decided within 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 :- 9.5.2022
Ashish
Digitally signed by ASHISH MISHRA Date: 2022.05.10 12:37:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant liberty to the applicants to move an application for bail before the trial court.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherRelied on¶7
Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another
Satender Kumar Antil versus Central Bureau of Investigation and anotherRelied on¶9
Satender Kumar Antil versus Central Bureau of Investigation and another (supra)
1 provisions across 1 enactments
Jugendra And 4 Others
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
