Saiyyad vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present application has been filed by the applicant – accused Saiyyad, under Section 482 of the Code of Criminal Procedure, 1973, with the following main reliefs:-

To quash the entire proceedings of Criminal Case No. 474 of 2018, “State vs. Saiyyad”, pending before the court of Chief Judicial Magistrate, Haridwar for the offence under Sections 332, 353,504 and 170 of IPC.

Or

To dispose of the present Criminal Miscellaneous Application with the direction to the court below to decide the bail application of the applicant in the light of the judgment passed by the Hon’ble Supreme Court in “Satender Kumar Antil vs. Central Bureau of Investigation and Another”, (2021) 10 SCC 773.

Heard Mr. Vaibhav Singh Chauhan, the learned counsel for the applicant and Mr. T.C. Agarwal, 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 throughout 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-Saiyyad 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 submissions.

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, Saiyyad 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.1398 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.