Mahant Balwant Singh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This application, under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the applicant – accused Mahant Balwant Singh with the following reliefs:-

To quash the entire proceedings of Criminal Case No.39 of 2022, “State vs. Mahant Gopa Singh and Others”, pending before the court of IInd Judicial Magistrate, Haridwar

Or

To dispose of the present criminal miscellaneous application with the direction to the applicant to seek bail in the light of the judgment dated 11.07.2022 of the Hon’ble Apex Court in “Satender Kumar Antil vs. Central Bureau of Investigation and Another”, (2021) 10 SCC 773.

After submission of the charge-sheet, the trial court took the cognizance and passed the summoning order under Sections 120B, 420 of IPC against the present applicant-accused.

Heard Mr. Vaibhav Singh Chauhan, the learned counsel for the applicant and Mr. S.T. Bharadwaj, the learned Deputy Advocate General for the State.

The learned counsel for the applicant submitted that the first relief, as prayed in the main application, under Section 482 of the Code of Criminal Procedure, is not being pressed by the applicant. He further submitted that the applicant was not arrested during the investigation and he co-operated through out in the investigation including appearing before the Investigating Officer, whenever he was called. The learned counsel for the applicant requested to dispose of the present matter by directing the concerned court to decide the bail application of the applicant-Mahant Balwant Singh by granting benefit of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil (Supra).

The learned counsel for the State has no objection on the said submission.

Having considered the submissions of the learned counsel for the parties, the first relief, as prayed, in the main application, under Section 482 of the Code of Criminal Procedure, 1973, is rejected as not pressed, and, it is directed that in case, the applicant, namely, Mahant Balwant Singh moves an application 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.1326 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.