Arun Kumar vs State Of Uttarakhand And Another

Ravindra Maithani, J

Challenge in this petition is made to summoning order dated 15.02.2018 as well as the entire proceedings of Criminal Case No. 1921 of 2020, State vs. Arun Kumar under Section 420 of IPC, pending in the court of Chief Judicial Magistrate, Dehradun, District Dehradun ( for short “the case”).

Heard learned counsel for the parties and perused the record.

At the very outset, learned counsel for the petitioner would submit that he restricts his argument to the extent that the court below may be directed to decide the bail application of the petitioner, in view of the directions issued by the Hon’ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC On line SC 922.

In the instant case, FIR has been lodged by respondent no.2. According to the FIR, the petitioner agreed to sell a land to the private respondent, which had already been pledged with the Bank. He thereby duped the private respondent/the informant. It is this matter, in which, after investigation, charge sheet has been submitted against the petitioner. That is how, cognizance has been taken in the matter.

In this matter, the FIR discloses commission of cognizable offence. After investigation, the allegations have been found to be true. There appears to be no reason to make any interference in the proceedings. Even otherwise, nothing has been argued on merits.

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 petitioner approaches the trial court for bail, the trial court shall definitely follow the directions given in the case of Satendra Kumar Antil (supra). No separate directions of this Court are required for that purpose.

With the above observations, the petition stands disposed of.