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2025:UHC:1913 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
19.03.2025
C-528 No. 171 of 2025
Hon’ble Vivek Bharti Sharma, J.
Mr. Abhishek Verma, counsel for the petitioner/accused appeared through V.C.
2. Mr. Deepak Bisht, learned Deputy Advocate General for the State.
3. This criminal misc. application under Section 528 of BNSS is filed by the petitioner/accused to set-aside the cognizance order dated 08.11.2018, the charge-sheet dated 08.09.2018 as well as the entire proceedings of Criminal Case No. 14925 of 2018 (FIR No. 564 of 2018) ‘State vs. Monu’ under Sections 406 & 506 of I.P.C., Police Station Kotwali Jwalapur, District Haridwar, pending in the court of learned Chief Judicial Magistrate, District Haridwar.
4. Counsel for the petitioner would submit that the petitioner/accused is entitled to be given the benefit of guideline 3(e) of Category ‘A’ issued by the Hon’ble Supreme Court in the case of ‘Satender Kumar Antil vs. Central Bureau of Investigation & Another’, as reported in (2021) 10 SCC 773, which stipulates that bail applications of such accused on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.
5. Having considered the above submission, present petition is disposed of with a request to the trial court concerned to follow the above guidelines as mentioned in the judgment of ‘Satender Kumar Antil’ (supra) in the case of the petitioner/accused.
(Vivek Bharti Sharma, J.)
19.03.2025 Akash