Santosh Singh and Others v. State of U.P. Thru. Rpin. Secy. Home, Lko. and Another

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12192 of 2023 Applicant :- Santosh Singh And Others Opposite Party :- State Of U.P. Thru. Rpin. Secy. Home, Lko. And Another Counsel for Applicant :- Anurag Mishra,Nishit Mishra,Om Shankar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the appellant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicants-Santosh Singh, Arun Kumar Pathak @ Arun Pathak, Chhote Gaur @ Gyanendra Kumar and Nagraj @ Pradeep Singh to set aside the impugned order of bailable warrant and fine of Rs. 10,000/- under Sections 147, 427, 323, 504 I.P.C. in Case Crime No. 0051 of 2021, Police Station Kotwali Nagar, District Bahraich as well as charge-sheet dated 22.04.2021 filed by the Investigating Officer in Case Crime No. 0051, under Sections 147, 427, 323, 504 I.P.C. in Case Crime No. 16318 of 2021 pending before the Court of Chief Judicial Magistrate, Bahraich. After some argument, learned counsel for the applicants confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicants, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years. Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicants and submit that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicants, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned Counsel for the parties, if the applicants appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra). With the aforesaid observations, this application is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 14.12.2023 Arvind High Court of Judicature at Allahabad, Lucknow Bench