Vinod vs State Of Uttarakhand And Another

Alok Kumar Verma, J

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

To quash the entire proceedings of Criminal Case No. 791 of 2020, “State vs. Vinod”, pending before the Court of Additional Chief Judicial Magistrate, Laksar, District Haridwar for the offence under Section 332 of IPC.

OR

To decide the present criminal miscellaneous application by directing the Additional Chief Judicial Magistrate, Laksar, District Haridwar to decide the bail application of the present applicant-accused in the light of the judgment of the Hon’ble Supreme Court, passed in “Satender Kumar Antil vs.Central Bureau of Investigation and Another”, (2021) 10 SCC 773.

Heard Mr. Shariq Khurshid, the learned counsel holding brief of Mr. Gaurav Singh, the learned counsel for the applicant and Mr. S.T. Bhardwaj, the learned Deputy Advocate General for the State.

On 05.08.2022, the learned counsel for the applicant-accused had requested to grant benefit of the Judgment of the Hon’ble Supreme Court, passed in Satender Kumar Antil (Supra).

The learned counsel appearing for the State had sought 24 hours’ time to get instruction.

Today, the learned counsel for the applicant-accused submitted that the applicant does not want to press the first relief and submitted that the applicant was not arrested during the investigation, and, he co-operated throughout in the investigation.

The learned counsel for the applicant-accused further submitted that the present matter may be disposed of by directing the concerned court to decide the bail application of the applicant, providing him the benefit of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil (Supra).

The learned counsel for the State has no objection.

Having considered 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-accused, namely, Vinod 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. 1365 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.