Allahabad High Court
Shiv Shankar And 6 Others vs State Of U.P.P.And Another on 1 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 26762 of 2022 Applicant :- Shiv Shankar And 6 Others Opposite Party :- State Of U.P.P.And Another Counsel for Applicant :- Rakesh Kuamr Yadav,Buddhi Prakash Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicants is taken on record.
Heard Sri Rakesh Kumar Yadav, learned counsel for the applicants and Sri Varun Kumar Agnihotri, learned brief holder appearing on behalf of the State-respondent.
By way of filing present application u/s 482 Cr.P.C. applicants prayed to quash charge sheet dated 22.03.2022 as well as cognizance order dated 27.06.2022 passed by A.C.J.M., F.T.C., Basti in Case No. 1006 of 2022 (State vs. Shiv Shankar and others) arising out of Case Crime No. 268 of 2021, under Sections 498-A, 323, 504, 354 IPC and Section 3/4 D.P. Act, Police Station Munderva, District Basti, pending in the court of A.C.J.M., F.T.C., Basti.
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 cases of Satender Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] and Satender Kumar Antil Vs. CBI & others reported in [MANU/SC/0851/2022].
Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicants himself do 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 judgements passed in the cases of Satender Kumar Antil (supras).
In the aforesaid facts and circumstances of the case, it is directed that if the applicants appear before the court below within three 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 cases of Satender Kumar Antil(supras).
With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off.
Order Date :- 1.9.2022 Sanjeet