C482/790/2022
2022 Latest Caselaw 1712 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                         08th JUNE, 2022

 CIRIMINAL MISCELLANEOUS APPLICATION NO.790 of 2022



Between:

Kundan Singh Lodhiyal                       ........Applicant
and

State of Uttarakhand and Another             ...Respondents



Counsel for the Applicant        :   Mr. C.K. Sharma.

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



Hon'ble Alok Kumar Verma,J.

The applicant - accused Kundan Singh Lodhiyal

has invoked the inherent jurisdiction of this Court under

Section 482 of the Code of Criminal Procedure, 1973, to

set aside the order dated 28.04.2022, passed by the

learned Additional Chief Judicial Magistrate, Nainital in

Criminal Case No.541 of 2021, and, the impugned order

dated 20.05.2022, passed by the District and Sessions

Judge, Nainital in Bail Application No.143 of 2022,

"Kundan Singh Lodhiyal vs. State".

2. Heard Mr. C.K. Sharma, learned counsel for the

applicant and Mr. S.T. Bharadwaj, learned Deputy

Advocate General for the State.

3. The learned counsel for the applicant - accused

submitted that after completion of the investigation, the

charge-sheet was filed under Section 406 and Section 411

IPC. According to the learned counsel for the applicant, the

applicant was not arrested during the investigation and the

applicant cooperated throughout the investigation,

therefore, he had filed an application for bail through his

counsel before the Additional Chief Judicial Magistrate,

Nainital. The Additional Chief Judicial Magistrate, Nainital

had rejected the bail application vide impugned order

dated 28.04.2022. The applicant moved a Bail Application

No.143 of 2022, before the District and Sessions Judge,

Nainital, the said application has been rejected.

4. The learned counsel for the State submitted that

the said bail applications were rejected on merit.

5. During the arguments, the learned counsel for

the applicant requested to permit the applicant to

withdraw the present matter with liberty to file subsequent

bail application in the terms of the judgment dated

28.07.2021 of the Hon'ble Supreme Court, passed in

Special Leave to Appeal (Crl.) No.5191 of 2021,

"Satender Kumar Antil vs. Central Bureau of

Investigation and Another".

6. The learned counsel for the State has no

objection.

7. Having heard the learned counsel for the

parties, this Criminal Miscellaneous Application (NO.790 of

2022), filed under Section 482 of the Code of Criminal

Procedure, 1973, is dismissed as withdrawn. The applicant

- Kundan Singh Lodhiyal is free to file subsequent bail

application in accordance with law.

___________________ ALOK KUMAR VERMA, J.

Dated: 08th June, 2022 Pant/