Allahabad High Court
Sadhu @ Shiv Kumar And 2 Others vs State Of U.P. And Another on 10 June, 2022
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- APPLICATION U/S 482 No. - 9803 of 2022 Applicant :- Sadhu @ Shiv Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for the 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 applicants with the prayer to quash the entire proceedings, charge sheet along with cognizance order dated 18.12.2021 in Case No. 329 of 2021, pertaining to Case Crime No. 81 of 2021, under Sections 147, 149, 323, 504, 506, 365 IPC, Police Station Jigna, District Mirzapur, pending in the court of Addl. Civil Judge (Jr.Div.), Mirzapur.
After arguing at some length, learned counsel for the applicants submits that liberty may be given to the 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 applicants.
As prayed by the learned counsel for the applicants, it is provided that in case, the applicants move bail application before the trial court within three weeks 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 :- 10.6.2022 Ravi Prakash