SL. No Date Office Notes v. Abid Hussain & Ors.

Mr. S.R.S. Gill, learned counsel for applicants.

Ms. Sweta Badola Dobhal and Mr. Prabhat Kandpal, learned Brief Holders for the State of Uttarakhand/respondents.

By means of this present C582 application, the applicants have put to challenge cognizance/summoning order dated 06.08.2021 passed by learned Chief Judicial Magistrate, Haridwar, as well as the entire proceedings of Criminal Complaint Case No.7769 of 2021 Forest Department Vs. Abid Hussain and Ors., Range Case No.15/2021-22 u/s 51 r/w Section 9 of the Wild Life (Protection) Act, 1972, and u/s 26 of the Indian Forest Act, 1927, pending in the Court of learned Chief Judicial Magistrate, Haridwar.

After arguing for a considerable length on the merits of the case, learned counsel for the applicants placed reliance upon the authority of Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and Another, reported in (2021) 10 SCC 773, and submitted that the offences against the applicants carry maximum 07 years punishment, therefore, they be permitted to appear before the learned Trial Court and learned Trial Court be directed to deal with the applicants as per the dictum of Satender Kumar Antil (Supra). For the sake of convenience, relevant portion thereof is quoted herein below:-

3. 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.

Learned counsel for the applicants further submitted that the Non-bailable warrant has already been issued against the applicants and he prayed that the applicants may be permitted to appear before the court concerned within ten days.

Pending application, if any, stands disposed of. PN (Pankaj Purohit, J.) 05.12.2025