C528/521/2025
2025 Latest Caselaw 3875 UK

Uttarakhand High Court

C528/521/2025 on 25 April, 2025

                                                                                  2025:UHC:3177
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                                       C-528 No. 521 of 2025
                                       H on'ble Vive k Bha r t i Sha r m a , J.

Mr. Pawan Mishra, learned counsel for the petitioner.

2. Mr. Deepak Bisht, learned D.A.G. for the State.

3. This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioners/accused for quashing of the cognizance/summoning order dated 06.04.2018, the charge-sheet dated 09.12.2017 as well as the entire proceedings of Criminal Case No.1816 of 2018, titled as "State vs. Neetu @ Sonu Chaudhary & Anr." pending in the court of learned Chief Judicial Magistrate, Dehradun under Sections 406, 420, 504 & 506 of IPC registered at Police Station Prem Nagar, District Dehradun.

4. Learned counsel for the petitioner/accused would submit that there is no evidence whatsoever in the charge-sheet against the petitioner/accused; that, since the charge-sheet has been filed and the cognizance has been taken and all the offences in which the cognizance has been taken are punishable with imprisonment of 7 years or less, therefore, the present petition may be disposed of with liberty to the petitioner/accused to appear before the trial court and seek regular bail in the light of the judgment of Hon'ble Supreme Court in the case of 'Satender Kumar Antil vs. Central Bureau of Investigation & Another', reported in (2022) 1 SCC 153 .

5. Learned State counsel has not disputed the fact that the offences, in which the cognizance has been taken, are punishable with imprisonment of 7 years or less, therefore, the directions can be issued to the trial court to decide the bail 2025:UHC:3177 application of the petitioner/accused in the light of the judgment, as rendered by Hon'ble Supreme Court in the case of 'Satender Kumar Antil (supra).

6. In view of the above, the present petition is disposed of with liberty to the petitioner/accused to appear before the trial court and seek regular bail and the trial court concerned is requested to follow the above guidelines as mentioned in the judgment of 'Satender Kumar Antil (supra) in the case of the petitioner/accused.

( Vive k Bh a r t i Sh a r m a , J.) 2 5 .0 4 .2 0 2 5 Akash