Applicant sought quashing under Section 482 but withdrew the application, seeking liberty to apply for bail at the trial court in line with Supreme Court guidance on bail for surrendering applicants. Court refused the quashing prayer, granted bail-application liberty with expeditious decision within two weeks.
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Neutral Citation No. - 2024:AHC-LKO:47711
Court No. - 11
Case :- APPLICATION U/S 482 No. - 6202 of 2024
Applicant :- Moolchandra Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sudhir Kumar Rai,Dhirendra Vikram Singh Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for applicant as well as learned Additional Government Advocate for State.
Learned counsel for applicant, after arguing for some time, submits that the present application may be dismissed as not pressed with liberty to file a bail application before the learned trial court which may be decided in view of law laid down by Supreme Court in the cases of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri) No.5191 of 2021 and Mahdoom Bava Vs. Central Bureau of Investigation arising out of S.L.P. (Crl.) No.376 of 2023 , to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within two weeks' from today and applies for bail, the same shall be decided expeditiously by the learned trial court, in view of the law laid down by Supreme Court in the cases of Satender Kumar Antil's (supra) and Mahdoom Bava's (supra) .
The application is disposed of accordingly.
Order Date :- 15.7.2024
prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the Section 482 quashing application be dismissed as not pressed, with liberty to seek bail before the trial court per Satender Kumar Antil and Mahdoom Bava?
Colour shows how this judgement treated each authority
Satender Kumar Antil v. Central Bureau of InvestigationRelied on
Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri) No.5191 of 2021
Mahdoom Bava v. Central Bureau of InvestigationRelied on
Mahdoom Bava Vs. Central Bureau of Investigation arising out of S.L.P. (Crl.) No.376 of 2023
Moolchandra
State Of U.P. Thru. Secy. Home Deptt. Lko.
Another
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
