C482/1296/2022
2022 Latest Caselaw 2347 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                         28TH JULY, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1296 of 2022

Between:

Sandeep Kumar Arora                              ........Applicant
and

Smt. Neelam                                       ...Respondent


Counsel for the Applicant         :      Mr. Vikas Kumar
                                         Guglani.
Hon'ble Alok Kumar Verma,J.

This is an application, filed under Section 482 of

the Code of Criminal Procedure, 1973, with the following

prayer: -

To quash the Criminal Complaint Case No.235 of

2015 and summoning order dated 01.08.2016,

pending in the court of learned Judicial Magistrate,

Bazpur, District Udham Singh Nagar for the offence

under Section 354 IPC.

OR

In the alternative, the present Criminal

Miscellaneous Application may kindly be dispose of

with the direction to the court below for considering

his bail application in the light of the judgment of the

Hon'ble Supreme Court in "Satender Kumar Antil

vs. Central Bureau of Investigation and

Another", (2021) 10 SCC 773.

2. Heard Mr. Vikas Kumar Guglani, learned counsel

for the applicant-accused.

3. 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. The learned counsel

for the applicant requested to decide the present matter

by directing the concerned court to decide the bail

application of the applicant by granting benefit of the

judgment of the Hon'ble Supreme Court in Satender

Kumar Antil (Supra).

4. Having considered the learned counsel for the

applicant, 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, Sandeep

Kumar Arora 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).

5. The present Criminal Miscellaneous Application

(No.1296 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 28.07.2022 JKJ/Pant