Naseer And Others ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 1614 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL
           Criminal Misc. Application No.589 of 2021

Naseer and others                              ......Petitioners

                             Versus


State of Uttarakhand and others               ....Respondents



Present:
             Mr. M.S. Pal, Senior Advocate assisted by Mr. Sachin,
             Advocate for the petitioners.
             Mr. S.S. Adhikari, D.A.G. for the State.
             Mr. Mani Kumar, Advocate for respondent no.3.

                           JUDGMENT

Hon'ble Ravindra Maithani, J.(Oral)

The challenge in this petition is made to the

charge sheet dated 07.06.2020, order dated 16.01.2021,

passed in Criminal Case No. 3344 of 2020, State Vs.

Naseer Hussain and others, by the Additional Chief Judicial

Magistrate/IVth Additional Civil Judge (Senior Division),

Rudrapur, District Udham Singh Nagar ("the case") as well

as the entire proceedings of the case.

2. Heard learned counsel for the parties and

perused the record.

3. In fact, in the instant case, counter affidavit has

also been filed by the State.

4. Today at the very outset, learned Senior Counsel

appearing for the petitioners would submit that there is

cross case, which is already pending trial. He restricts his

submission to the extent that the direction may be given to

the court below that the bail applications of the petitioners

may be decided expeditiously.

5. In the case of Satendra Kumar Antil vs. Central

Bureau of Investigation and another, 2021 SCC Online SC

922, 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.

6. 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).

7. With the above observation, the petition stands

disposed of accordingly.

(Ravindra Maithani, J.) 24.05.2022 Jitendra