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Judgment
Alok Kumar Verma, J
The applicant – accused Kundan Singh Lodhiyal has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to set aside the order dated 28.04.2022, passed by the learned Additional Chief Judicial Magistrate, Nainital in Criminal Case No.541 of 2021, and, the impugned order dated 20.05.2022, passed by the District and Sessions Judge, Nainital in Bail Application No.143 of 2022, “Kundan Singh Lodhiyal vs. State”.
Heard Mr. C.K. Sharma, learned counsel for the applicant and Mr. S.T. Bharadwaj, learned Deputy Advocate General for the State.
The learned counsel for the applicant – accused submitted that after completion of the investigation, the charge-sheet was filed under Section 406 and Section 411 IPC. According to the learned counsel for the applicant, the applicant was not arrested during the investigation and the applicant cooperated throughout the investigation, therefore, he had filed an application for bail through his counsel before the Additional Chief Judicial Magistrate, Nainital. The Additional Chief Judicial Magistrate, Nainital had rejected the bail application vide impugned order dated 28.04.2022. The applicant moved a Bail Application No.143 of 2022, before the District and Sessions Judge, Nainital, the said application has been rejected.
The learned counsel for the State submitted that the said bail applications were rejected on merit.
During the arguments, the learned counsel for the applicant requested to permit the applicant to withdraw the present matter with liberty to file subsequent bail application in the terms of the judgment dated 28.07.2021 of the Hon’ble Supreme Court, passed in Special Leave to Appeal (Crl.) No.5191 of 2021, “Satender Kumar Antil vs. Central Bureau of Investigation and Another”.
The learned counsel for the State has no objection.
Having heard the learned counsel for the parties, this Criminal Miscellaneous Application (NO.790 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is dismissed as withdrawn. The applicant – Kundan Singh Lodhiyal is free to file subsequent bail application in accordance with law.