C482/396/2023
2023 Latest Caselaw 582 UK

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                                          C-482 No.396 of 2023
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Bharat Singh, Advocate for the applicant.

Mr. T.C. Aggarwal, learned Deputy Advocate General for the State.

The present applicant has put a challenge to the Charge-Sheet dated 29.04.2019, and the summoning order dated 22.07.2019, as it has been issued in Criminal Case No. 2781 of 2019 "State Vs. Alok Kumar", wherein the present applicant has been summoned to be tried for the offences under Section 279, 337 & 338 of I.P.C.

There are various contentions, which have been raised by the learned counsel for the applicant, which are absolutely factual in nature requiring appreciation of evidence, as he has argued that entire story of the prosecution is doubtful, because of the nature of the injuries suffered by the pillion rider of the motorcycle, or the rider of the motorcycle itself, that will not itself dilute the story of the prosecution, about the commission of an offence, for which the trial has been conducted, as against the present applicant.

Apart from it, since all the offences in the present C-482 Application, they carry a sentence of less than seven years, they will be falling within the zone of consideration, as per the parameters laid down by the judgment of the Hon'ble Apex Court as reported in (2022) 10 SCC 51 "Satendra Kumar Antil Vs. Central Bureau of Investigation".

Subject to aforesaid exception, if the applicant surrenders before the court below within a period of three weeks from today, his bail application is directed to be considered in relation to the 'A' Category offences, as classified by the Hon'ble Apex Court, and as per the guidelines framed in paragraph-3(e) of the said judgment of Satendra Kumar Antil (Supra) .

Accordingly, the C-482 Application would stand disposed of.

(Sharad Kumar Sharma, J.) 03.03.2023 Mamta