C482/51/2023
2023 Latest Caselaw 186 UK

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                                       C482 No.51 of 2023
                                       Hon'ble Sharad Kumar Sharma, J.

Mr. Ramji Srivastava, Advocate with Mr. Vikram Singh Dhapola, Advocate for the applicant.

Mr. Atul Kumar Shah, Deputy Advocate General assisted by Mrs. Mamta Joshi, Brief Holder for the State of Uttarakhand.

An FIR No.19 dated 31.01.2020, was registered against the present applicant for commission of offence under Section 420 of IPC, for his alleged conduct of concealment of material fact, which might have had a bearing on his recruitment as a constable in the police force.

The matter was investigated upon and a Charge Sheet No.68 of 021, was submitted on 05.06.2021, to which the cognizance have been taken and it's the cognizance order, as well as the charge sheet, which has been put to challenge alongwith the summoning order. Since the offence for which the trial is being conducted against the present applicant under Section 420 of IPC would be an offence, which would be falling under 'A' category of offences as provided in Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2021) 10 SCC 773. Since the category of the offence committed by the present application is falling under 'A' category of offences, if he surrenders before the court and seeks his bail in accordance with the parameters laid down in para 3(e) of the said judgment, his bail application would be considered accordingly within a period of two weeks from the date of his surrender.

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

(Sharad Kumar Sharma, J.) 11.01.2023 Arti