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2025 DAILYLAW 179307 (ALL)

Saddam v. State of U.P. through Secretary Home Deptt and another

A482/10606/2025 · 2025-12-18

Divesh Chandra Samant

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10606 of 2025 Court No. - 29 HON'BLE DIVESH CHANDRA SAMANT, J. 1. Heard learned counsel for applicants; Learned AGA for the State and perused the record. 2. By way of the present application, the applicant made a prayer to quash the entire proceedings of the Case No.5169 of 2024 along with the cognizance order dated 26.09.2024 and charge sheet dated 29.08.2024 in Crime No.212 of 2024, under Sections 309(6) BNS, Police Station Sandila, District Hardoi, pending before the CJM Hardoi. 3. Learned counsel for the applicants do not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773; Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022 and Musheer Alam versus The State of Uttar Pradesh & Anr. passed in SLP (Crl.) No.18081 of 2024 passed on 17.01.2025. 4. Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light of the aforesaid judgments passed by the Hon'ble Apex Court. 5. Accordingly, it is directed that if applicant appears before the trial court and apply for bail then, his bail application shall be considered and decided by the Court below on the basis of law laid down by the Apex Court in the Versus Counsel for Applicant(s) : Devendra Pratap, Saad Husain, Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A. Saddam .....Applicant(s) State Of U.P. Through Secretary Home Deptt And Another .....Opposite Party(s) cases of Satender Kumar Antil and Musheer Alam (supras). 6. With these direction/observation, the present application is, accordingly, disposed of. December 18, 2025 I.A. Siddiqui A482 No. 10606 of 2025 2 (Divesh Chandra Samant,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench