Rajat Singh vs State Of Uttarakhand And Another

Pankaj Purohit, J

By means of this C528 application, the applicant has challenged the charge sheet dated 27.05.2022 as well as summoning/cognizance order dated 20.08.2022, passed by learned Chief Judicial Magistrate, Udham Singh Nagar along with entire proceedings of Criminal Case No.7977 of 2022 (FIR No.93 of 2022), State Vs. Rajat Singh, under Sections 498-A, 323 of IPC and Section 3/4 of Dowry Prohibition Act, 1961, registered with Police Station Rudrapur, District Udham Singh Nagar, pending before the court of learned Additional Chief Judicial Magistrate/IInd Additional Civil Judge (S.D.) Rudrapur, Udham Singh Nagar.

After arguing for a considerable length, learned counsel for the applicant limited his argument to the extent that he should be granted the benefit of the judgment and order passed by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

From perusal of the charge sheet, it transpires that the applicants have been charge sheeted under Sections 498-A, 323 of IPC and Section 3/4 of Dowry Prohibition Act, 1961, and all the sections are punishable less than seven years of imprisonment.

In such view of the matter, the C528 application stands disposed-off in light of the judgment of Satender Kumar Antil (supra). Relevant paragraph of the said judgment is quoted hereinbelow for ready reference:-

Category A(e) 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.

It is further provided that if the applicants appears before the trial court within 15 days from today i.e, 18.12.2025, bail application of the applicant shall be considered, in accordance with the dictum given in the case of Satender Kumar Antil (supra).

The non-bailable warrants issued against the applicant shall be kept in abeyance till then.