Kallu Ahmad And Others ... vs State Of Uttarakhand And Another
2022 Latest Caselaw 226 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No. 214 of 2022

Kallu Ahmad and Others                                ........... Petitioners

                                      Vs.

State of Uttarakhand and another                     ........ Respondents


Present : Mr. Mohd. Safdar, Advocate for the petitioners.
          Mr. V.S. Rathore, A.G.A. for the State.




                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant petition has been filed for quashing the

charge-sheet, which is basis of Criminal Case No.610 of

2021 "State vs. Shakib Ali and others" under Sections

147, 148, 149, 323, 325, 452, 504 and 506 IPC in the

Court of Additional Chief Judicial Magistrate, Haridwar.

On 10-12-2021 cognizance has been taken in the case.

2. Heard learned counsel for the parties through

Video Conferencing and perused the record.

3. At the very outset, learned counsel for the

petitioners did not press for quashing the charge-sheet.

Learned counsel would submit that a direction be issued

to the court below to decide the bail application of the

petitioners, 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.

4. In the instant Case Crime No. 778 of 2021,

under Sections 147, 148, 149, 323, 325, 504, 506 and

452 IPC was lodged at Police Station Kotwali Laksar,

against the petitioners and others.

5. In this matter, after investigation, charge sheet

has been submitted. The Investigating Officer in the

charge sheet has written that based on the statement of

the injured and witnesses as well as the doctors, the

offences are proved. There appears to be no reason to

quash the charge sheet. As stated, in fact, it has even not

been argued.

6. What is being argued is that the directions may

be issued that the bail application of petitioner be decided

in accordance with the directions of the Hon'ble Supreme

Court in the case of Satendra Kumar Antil (supra).

7. In the case of Satendra Kumar Antil (supra),

the Hon'ble Supreme Court classified different cases for

the purpose of bail and prescribed the procedure for their

disposal. This Court has no doubt that the court below

shall follow the directions of Hon'ble Supreme Court in

the case of Satendra Kumar (supra) while deciding the

bail application of the petitioners.

8. With the above observations, the petition

stands disposed of.

9. IA No.1 of 2021 also stands disposed of

accordingly.

(Ravindra Maithani, J.) Vacation Judge 07.02.2022 Nahid