Tanuj Kumar Dalmiya and Another v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Another

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10641 of 2023 Applicant :- Tanuj Kumar Dalmiya And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Anurag Tyagi,Ashutosh Bajpai Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicants, Sri B.N. Nishad, learned A.G.A. for the State and perused the record.

¶2The present application has been filed praying for quashing the chargesheet dated 12.2.2023 and order of cognizance and summoning order dated 8.8.023 contained in Annexure No.1 and 2 to the applicant pending in the Court of CJM, Bahraich in Case No.24437 of 2023 Case Crime No.24 of 2023 under Section 332, 504, 186, 504 IPC (State. Vs. Tanuj Dalmiya and another, PS Kotwali Nagar, district Bahraich.

¶3After arguing at some length, learned counsel for the applicants submits that he does not want to press this application. However, he has submitted that the applicants may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in [2022 SCC Online 825]. He states that the applicants will surrender before the court below and apply for bail.

¶4It is therefore, directed that in case the applicants surrender before the Court below within three weeks from today and prefer bail application, the court below will decide the said bail application, as expeditiously as possible, taking into account the law laid down by the Supreme Court in Satender Kumar Antil (supra) and decide it in accordance with law.

¶5The application stands disposed of. Order Date :- 31.10.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench