Trial courts and High Courts should consider the guidelines in Satendra Kumar Antil when deciding bail applications.

Headnote:
QUASHING OF NBW - ARMS ACT - APPLICANT NOT PRESSING RELIEF - GUIDELINES FOR DECIDING BAIL APPLICATION
Fact of the Case:

Applicant sought quashing of NBW issued against him in a case under Section 5.25 of the Arms Act.
Finding of the Court:

The court noted that the applicant was not pressing the relief sought and was ready to appear before the trial court.
Issues: Whether the NBW should be quashed.
Ratio Decidendi: The court referred to the guidelines laid down by the Supreme Court in Satendra Kumar Antil v. Central Bureau of Investigation for deciding bail applications.
Final Decision: The court disposed of the application, directing the trial court to consider the applicant's bail application expeditiously in light of the guidelines in Satendra Kumar Antil.

Court No. - 68

Case :- APPLICATION U/S 482 No. - 41395 of 2022

Applicant :- Gaurav

Opposite Party :- State of U.P.

Counsel for Applicant :- Deepak Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant and learned AGA for the State and

perused the record.

By means of this application u/s 482 Cr.P.C. the applicant has prayed for

quashing of the N.B.W. dated 4.3.2021 passed by learned court of Addl.

District Judge, Court No. 3, Bijnor in Session Trial No. 1049 of 2020

(Gaurav and another Vs State of UP), arising out of Case Crime No. 238

of 2020, under Section 5.25 of Arms Act, P.S. Mandawar, District Bijnor.

After arguing for while, learned counsel for the applicant does not want to

press the relief sought in the application. He submits that the non bailable

warrant has been issued against the applicant by the trial Court and the

applicant is ready to appear before the trial court and direction may be

given to the court below to consider the bail application of the applicant in

view of the judgment in the case Satendra Kumar Antil vs. Central

Bureau of Investigation and another, 2021 SCC Online SC 922.

In the case of Satendra Kumar Antil (supra), the Hon'ble Supreme Court

laid down the guidelines for deciding of the bail application. For that

purpose, the cases have been divided under four categories. The Hon'ble

Supreme Court has observed that the trial courts and the High Courts will

keep in mind the aforesaid guidelines, while considering the bail

application. This Court has no doubt, that as and when, the applicant

approaches the trial court for bail, same shall be heard and disposed of

expeditiously by the court below in view of the settled law laid by this

Court in the case of Satendra Kumar Antil (supra).

As such application has no force and is accordingly disposed of.

Order Date :- 11.1.2023

RavindraKSingh

Digitally signed by :-

RAVINDRA KUMAR SINGH

High Court of Judicature at Allahabad