Citation : 2022 Latest Caselaw 1576 UK
Judgement Date : 21 May, 2022
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No.727 of 2022
Abhishek Bharadwaj and another ......Petitioners
Versus
State of Uttarakhand and another ....Respondents
Present:
Mr. Vaibhav Singh Chauhan, Advocate for the petitioners.
Mr. Lalit Miglani, A.G.A. with Mr. Sachin Panwar, Brief
Holder for the State.
JUDGMENT
Hon'ble Ravindra Maithani, J.(Oral)
The challenge in this petition is made to the
impugned charge sheet dated 11.09.2021, impugned
cognizance/summoning order 24.11.2021, as well as the
entire proceedings of Criminal Case No. 14726 of 2021,
State Vs. Abhishek Bharadwaj & others, under Sections
447, 452, 504 & 506 IPC, pending in the court of 2nd Civil
Judge (Junior Division), Haridwar (for short, "the case").
2. Heard learned counsel for the parties and
perused the record.
3. After arguing at length, learned counsel for the
petitioners restricts his submission to the extent that the
direction may be given to the court below that the bail
application of the petitioners may be decided in terms of the
judgment passed in the case of Satendra Kumar Antil vs.
Central Bureau of Investigation and another, 2021 SCC
Online SC 922.
4. In the case of Satendra Kumar Antil (supra), the
Hon'ble Supreme Court has laid down the guidelines in the
matter for consideration of the bail application. Hon'ble
Supreme Court has classified the cases in four categories.
The directions of the Hon'ble Supreme Court are definitely
law of land.
5. Needless to say, in order to follow the directions
of the Hon'ble Supreme Court, no further directions of this
Court are required. The Court below shall definitely follow
the directions given by the Hon'ble Supreme Court in the
case of Satendra Kumar Antil (supra).
6. With the above observation, the petition stands
disposed of accordingly.
(Ravindra Maithani, J.) 21.05.2022 Jitendra
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