ABA/252/2021
2022 Latest Caselaw 443 UK

                Office Notes,
             reports, orders or
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      Date                                     COURT'S OR JUDGES'S ORDERS
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                                  ABA No.252 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Pawan Mishra, learned counsel for the applicant.

Ms. Meena Bisht, learned B.H. for the State. The present anticipatory bail application is filed by the applicant u/s 438 Cr.P.C. in connection with the case crime/FIR No.48 of 2011 u/s 363, 366(A), 376 and 120-B IPC registered at P.S. Pathri, District Haridwar.

Admittedly, the accused is the lady, hence she cannot be punished u/s 376 IPC, since there is no allegation against her; it is submitted that the other accused have already been enlarged on bail; as far as the allegations qua other offences are concerned, the learned counsel fairly submits that a direction may be given to the court below to decide the bail application of the applicant, afresh, in light of the dictum of the Hon'ble Apex Court in Satender Kumar Antil v. CBI (SLP{Crl} No.5191 of 2021).

In these circumstances, the present anticipatory bail application is disposed of with the direction that in case the applicant puts her appearance and move an application seeking bail, the concerned Court will decide the same in light of the above judgment of the Hon'ble Apex Court and also considering the fact that the other accused have been enlarged on bail.

Pending application, if any, stands disposed of.

(R.C. Khulbe, J.) 25.02.2022 R.Bisht