C482/816/2022
2022 Latest Caselaw 3149 UK

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                                  C482 No. 816 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Shariq Khurshid, Advocate, for the applicant.

Mr. Dinesh Chauhan, Brief Holder, for the State of Uttarakhand.

An FIR No. 133 dated 30th March, 2021, was got registered initially for the offences under Section 452, 504, 323, 334 and 506 of the IPC, at Police Station Kashipur, District Udham Singh Nagar, in which, the complainant, who registered the complaint, namely Gajram Singh, had named the present applicant, along with one Mr. Balwant, who were said to be involved in the commission of the offences, as it was complained of in the FIR.

In the FIR, specific set of allegations has been levelled carving out of an offence under Section 323 of the IPC which is made out against the present applicant.

The investigation was conducted and a chargesheet has been submitted, being Chargesheet No.1 of 2021, in which, the Investigating Officer after recording the statement, qua the applicant, which has been recorded by the witnesses, the inspection report of the spot, the statement of the accused Balwant and that of the present applicant, the same was considered and the chargesheet was submitted, on which, cognizance had been taken by the Court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, registering Criminal Case No. 5273 of 2021, State Vs. Balwant and another.

Even if the summoning order dated 15th September, 2021, is taken into consideration, it is based upon the consideration which has been made pertaining to the statement of the witnesses recorded under Section 161 of the Cr.P.C., the FIR and other material, which were placed, against the accused persons, whereby, they have summoned to participate in the proceedings under Section 323, 504 and 506 IPC.

Looking to the nature of offences, which has been complained of, all the offences carries a sentence of less than seven years and the same would very well fall for consideration in the light of para 3 of the judgment of Hon'ble Apex Court as reported in (2021) 10 SCC 773, Satender Kumar Antil Vs. Central Bureau of Investigation and another.

In case, if the applicant surrenders before the Court below within two weeks from the date of receipt of the certified copy of this order, his bail application would be considered by the Trial Court in the light of the guidelines framed by para 3 of the judgment of Satender Kumar Antil (Supra).

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

(Sharad Kumar Sharma, J.) Dated 26.09.2022 Shiv