C482/1939/2022
2022 Latest Caselaw 3444 UK

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                                  C482 No. 1939 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Vinod Tiwari, Advocate, for the applicant.

Mr. Atul Kumar Shah, Deputy A.G., with Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The challenge in the present C482 Application as it has been given by the applicant is to the Chargesheet No.1 dated 21st March, 2020, and the proceedings drawn against him by way of Criminal Case No. 66 of 2021, State Vs. Ramesh Chandra Bisht, trying him for the offences under Sections 406 and 506 of the IPC.

Apparently, the offence under Sections 406 and 506 of the IPC, would fall for consideration within the domain of the ratio laid down by the Hon'ble Apex Court in the matter of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2021) 10 SCC 773, and the applicant's case would fall for consideration within the ambit of framework of para 3 of the said judgment, as the nature of offence, for which, the cognizance has been taken, will fall under 'A' category of offences, as provided in the judgment of Satender Kumar Antil (Supra).

In view of the aforesaid, the C482 Application is being disposed of with the liberty left open to the applicant to approach before the Court of Judicial Magistrate, Ramnagar, District Nainital, by filing an appropriate application in the proceedings of Criminal Case No. 66 of 2021, State Vs. Ramesh Chandra Bisht, for the redressal of the grievance for seeking bail, as under para 3, sub- clause (e) of the judgment of Satender Kumar Antil (Supra).

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) Dated 21.10.2022 Shiv