Ajay Kumar and 2 Others v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12540 of 2023 Applicant :- Ajay Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Shankar Lal Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the record. The present petition under Section 482 Cr.P.C has been filed by the applicants with the prayer to quash/set-aside the order dated

06.11.2023 passed by Additional Chief Judicial Magistrate, Barabanki in Criminal Case No. 106/2023 (State vs. Ajay Kumar and others) under Sections 323, 324, 504, 506, 308, 325 IPC arising out of Case Crime No. 0317 of 2018, Police Station Satrikh, District Barabanki and further to stay the proceedings of Criminal Case No. 106/2023. After arguing at some length, learned counsel for the applicants has submitted that the present application be disposed of finally with liberty to file bail application before the trial court which may be decided in view of law laid down 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 AGA has no objection to the prayer made by learned counsel for the applicants. Accordingly, the present application is disposed of finally with liberty to the applicants to move bail application before the trial court and, if such an application is preferred, the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). Order Date :- 21.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench