C482/1029/2022
2022 Latest Caselaw 1845 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                         27th JUNE, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1029 of 2022



Between:

Hussain Ali and Another                     ........Applicants
and

State of Uttarakhand and Another             ...Respondents



Counsel for the Applicants       :   Mr. Gaurav Singh.

Counsel for the State/
Respondent No.1                  :   Mr. S.S. Adhikari,
                                     learned Deputy Advocate
                                     General assisted by Mr.
                                     Balvinder Singh, learned
                                     Brief Holder for the
                                     State.



Hon'ble Alok Kumar Verma,J.

This is an application under Section 482 of the

Code of Criminal Procedure, 1973, to quash the entire

proceedings of Criminal Case No.1913 of 2020, "State vs.

Mohd. Hussain and Another", pending before the Court of

Judicial Magistrate/Civil Judge (Junior Division), Roorkee,

District Haridwar under Sections 147, 354, 504 and 506 of

IPC; to direct the trial court to decide the bail application

of the present applicants in the light of the law laid down

by the Hon'ble Supreme Court in "Satender Kumar Antil

vs. Central Bureau of Investigation and Another",

(2021) 10 SCC 773.

2. Heard Mr. Gaurav Singh, the learned counsel for

the applicants and Mr. S.S. Adhikari, the learned Deputy

Advocate General assisted by Mr. Balvinder Singh, the

learned Brief Holder for the State.

3. Mr. Gaurav Singh, the learned counsel for the

applicants submitted that the present application may be

decided by directing the trial court to decide the bail

application in view of the aforesaid judgment.

4. The learned counsel for the applicants further

submitted that the applicants were not arrested during the

investigation, and, they had co-operated throughout in the

investigation and appeared before the Investigating Officer

whenever called by the Investigating Officer.

5. The learned counsel for the State has no

objection.

6. Having heard the learned counsel for the

parties, it would be appropriate that in case, the

applicants, namely, Hussain Ali and Osama move 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.1029 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 27th June, 2022 Neha