Ankit And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present application under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the applicants-accused persons, namely, Ankit, Sandeep, Pradeep, Jitendra and Bablu with the following reliefs:-

To quash the impugned charge sheet dated 26.10.2018, summoning order dated 26.03.2019 and the entire proceedings of Criminal Case No. 319 of 2019, “State vs. Bhola and Others”, pending before the Court of Additional Chief Judicial Magistrate, Laksar, District Haridwar for the offence under Sections 147, 149, 323, 504, 506, 427, 452 and 354 of I.P.C.

Heard Mr. Mohd. Safdar, the learned counsel for the applicants and Mr. S.S. Adhikari, the learned Deputy Advocate General for the State.

A supplementary affidavit (No.1 of 2022), filed by the applicant- Ankit, is taken on record.

The learned counsel appearing for the applicants submitted that the said relief is not being pressed by the applicants.

The learned counsel for the applicants further submitted that the applicants were not arrested during the investigation, and, they co-operated throughout in the investigation including appearing before the Investigating Officer, whenever they were called, therefore, the learned counsel appearing for all the applicants requested to dispose of the present matter, as requested in the said supplementary affidavit, by directing the court below to decide the bail applications of the aforesaid applicants, providing them the benefit of the legal proposition, formulated by the Hon’ble Supreme Court in “Satender Kumar Antil vs. Central Bureau of Investigation and Another”, (2021) 10 SCC 773.

The learned counsel appearing for the State has no objection.

Having heard the learned counsel for the parties, the relief, as prayed in the present application, filed under Section 482 of the Code of Criminal Procedure 1973, is dismissed as not pressed, and, it is directed that, in case, the applicants move applications for bail, the court below shall consider the same, following the directions of the Hon’ble Supreme Court in Satender Kumar Antil (Supra).

The present Criminal Miscellaneous Application (No.1094 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.