ABA/128/2023
2023 Latest Caselaw 3530 UK

Uttarakhand High Court

ABA/128/2023 on 8 December, 2023

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

Office Notes, reports, orders SL. or proceedings Date COURT'S OR JUDGES'S ORDERS No or directions and Registrar's order with Signatures ABA No.128 of 2023 Hon'ble Manoj Kumar Tiwari, ACJ (1) Mr. Vikas Anand, learned counsel for the applicant.

(2) Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand. (3) Mr. Navneet Kaushik, learned counsel for the complainant.

(4) Applicant apprehends his arrest in connection with FIR No. 0017 of 2020, under Sections 420 & 120-B of IPC, registered with Police Station Kotwali Jawalapur, District Haridwar. Thus, he seeks anticipatory bail. (5) Learned counsel for the applicant contended that the FIR is highly belated which was lodged after 14 years of alleged incident and, for similar offence, another FIR was lodged in the year 2004, namely, FIR No. 426 of 2004, under Sections 420, 467, 468 & 471 of IPC and trial is still pending in respect of said offences; the only allegation against the applicant is that he entered into sale/purchase transactions in respect of public/government land. It is also contended that maximum sentence for the alleged offences is up to seven years, therefore, applicant is entitled to benefit of the law laid down by Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273.

(6) Mr. Navneet Kaushik, learned counsel for complainant conceded that guidelines issued in the case of Arnesh Kumar are applicable to the case in hand.

(7) Learned State Counsel fairly submits that since the offences are punishable up to seven years imprisonment, therefore, Investigating Officer shall give notice to the applicant in terms of Section 41-A of CrPC and, subject to his complying with the conditions of said notice, applicant shall not be arrested. (8) Learned counsel for the applicant, however, submits that since charge-sheet has been filed against the applicant, therefore, bail application may be decided in terms of judgments rendered by Hon'ble Supreme Court in the case of Satendra Kumar Antil vs Central Bureau of Investigation & another, reported in (2021) 10 SCC 773.

(9) Accordingly, anticipatory bail application is disposed of with a request to the Court concerned, to hear and decide applicant's bail application in the light of law laid down in the case of Satendra Kumar Antil (supra).

(Manoj Kumar Tiwari, ACJ) 08.12.2023 Aswal