C482/1326/2022
2022 Latest Caselaw 2423 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                         02nd AUGUST, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1326 of 2022



Between:

Mahant Balwant Singh                           ........Applicant
and

State of Uttarakhand and Another                ...Respondents



Counsel for the Applicant         :     Mr. Vaibhav Singh
                                        Chauhan.

Counsel for the State/
Respondent No.1                   :     Mr. S.T. Bharadwaj,
                                        learned Deputy Advocate
                                        General for the State.


Hon'ble 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.

2. 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.

3. Heard Mr. Vaibhav Singh Chauhan, the learned

counsel for the applicant and Mr. S.T. Bharadwaj, the learned

Deputy Advocate General for the State.

4. 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).

5. The learned counsel for the State has no objection

on the said submission.

6. 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).

7. The present Criminal Miscellaneous Application

(No.1326 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 2nd August, 2022 Pant/