Allahabad High Court
Rakesh Kumar Tiwari Alias Guddu Tiwari vs State Of U.P. Thru. Secy. Prin. Home ... on 27 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- APPLICATION U/S 482 No. - 6797 of 2022 Applicant :- Rakesh Kumar Tiwari Alias Guddu Tiwari Opposite Party :- State Of U.P. Thru. Secy. Prin. Home Deptt. Lko. And Another Counsel for Applicant :- Purusottam Awasthi,Ashish Kumar Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Purusottam Awasthi, learned counsel for applicant as well as learned Additional Government Advocate for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant namely Rakesh Kumar Tiwari Alias Guddu Tiwari with the prayer to quash the order dated 26.07.2022 passed by Additional Chief Judicial Magistre, Court No.3, Unnao in Criminal Case No. 1257 of 2021, (Re: State of Uttar Pradesh vs Rakesh Kumar Tiwari), wherein bailable warrant has been issued against the applicant in violation of directions passed by the Hon'ble Supreme Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Director : AIR 2021 SC 4514. Further a direction may be passed to the trial court to strictly comply with the directions passed by the Hon'ble Supreme Court in the aforesaid cases of Satender Kumar Antil Vs. Central Bureau of Investigation and others (supra) and Aman Preet Singh vs. C.B.I. through Director (supra) and to release the applicant on bail without taking him into physical custody.
Learned counsel for the applicant submits that the applicant had moved an application before the trial court on 28.7.2022/ 29.7.2022 for taking him into custody, however, the trial court insisted that the bail application moved by the applicant shall be considered only after confinement of the applicant in jail for one day which is against the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773.
It is further submitted that the charge sheet in the instant case has been filed under Section 354 IPC, which is punishable with 5 years of rigorous imprisonment and therefore the case of the applicant was covered by the category 'A' cases classified by the Hon'ble Supreme Court in Satender Kumar Antil (supra) and having regard to the e clause of sub-section 1 of the guidelines there was no need or requirement to take the applicant into custody and the duty of the trial court was to dispose of the bail application of the applicant strictly in accordance with the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil (supra), thus appropriate direction be given to the trial court.
Learned counsel for the applicant has also made various submissions with regard to the manner in which the bailable warrants have been issued.
Learned AGA on the other hand submits that he would have no objection if the trial court is directed to follow the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil (supra).
Keeping in view all the facts and circumstances of the case, in the considered opinion of this Court the grievance of the instant applicant is to the tune that the trial court is not following the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil (supra). Having regard to Article 142 of the Constitution of India the law laid down by the Hon'ble Supreme Court is binding on all the courts throughout the length and breadth of the country and it is the duty of each and every court to follow the law laid down by the Hon'ble Supreme Court in above mentioned cases and no discretion in this regard is left on the Presiding Officers of the court when the guidelines approved by the Hon'ble Supreme Court in Satender Antil (supra) are manifestly clear.
Thus having regard to all the facts and circumstances of the case the instant application moved on behalf of the applicant under Section 482 Cr.P.C. is finally disposed of with a direction to the trial court, that if within 15 days form today the applicant appears / surrenders before the trial court and moves an application for bail under Section 439 Cr.P.C. the trial court shall be under an obligation to dispose of the same strictly, in accordance with the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil (supra).
Order Date :- 27.9.2022 Muk