C482/1886/2022
2022 Latest Caselaw 3375 UK

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                                  C-482 No. 1886 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Mani Kumar, Advocate for the applicant.

Mr. T.C. Aggarwal, learned Deputy Advocate General along with Ms. Lata Negi, Brief Holder for the State of Uttarakhand.

In the present C-482 application, the applicant has put a challenge to the summoning order dated 30.01.2021, as well as, the charge-sheet being Charge- Sheet No. 201 of 2020 dated 01.12.2020, as submitted by the Investigating Officer, in Criminal Case No. 573 of 2021 "State of Uttarakhand Vs. Dalip Singh @ Deepak Rana", in which, he has been tried for the offences, under Sections 323, 498-A, 504, 506 of I.P.C., and 3/4 of Dowry Prohibition Act, which has been registered against him at Police Station Dineshpur, District Udham Singh Nagar, and is presently pending consideration for trial before the Court of Additional Chief Judicial Magistrate/IVth Additional Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar.

After submission of the charge-sheet, and on the culmination of the investigation in relation to the set of allegation, which has been levelled against the applicant, the cognizance have been taken by the Court below.

The nature of offence for which the charges has been framed, against the present applicant, will fall to be within an ambit of „A‟ Category of offences, as it has been classified by the Hon‟ble Apex Court in the judgment reported in (2021) Vol. 10 SCC 773, "Satender Kumar Antil Vs. Central Bureau of Investigation and another rendered in SLP No. 5191 of 2021, and the nature of offence complained of against the applicant will fall to be under „A‟ category of offences, the procedures for which have already been provided therein, as to how the bail applications, in those cases would be considered where the charge-sheet have been submitted and cognizance have been taken against the accused person for the offence falling in category A of offences.

In that eventuality, the applicant‟s recourse is still left open to be considered by the trial court in the light of the guidelines laid down by the Hon‟ble Apex Court in Satender Kumar Antil (Supra). If the applicant surrenders before the court concerned, within a period of three weeks‟ from the date of receipt of the certified copy of this order, the learned court below will consider the application of the applicant for grant of bail in the light of the aforesaid direction of the Hon‟ble Apex Court.

Subject to the aforesaid, the C- 482 application stands disposed of.

(Sharad Kumar Sharma, J.) 18.10.2022 Mamta