ORDER :

(Mohd. Faiz Alam Khan, J.)

(Criminal Misc. Application No.2 of 2022)

1. Heard Shri Ronak Chaturvedi, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

2. The instant application has been moved by the applicants with the prayer that the Chief Judicial Magistrate, Bijnor be directed to properly dispose of the application of the applicants in terms of the judgment of this Court dated 05.04.2022 passed in Criminal Misc. Anticipatory Bail Application No. 2553 of 2022, whereby the anticipatory bail application of the applicants was disposed of in terms that the applicants may move an appropriate application before the trial court for releasing them on bail and if such application is moved within the stipulated period, the trial court shall pass appropriate order in the light of the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Others : MANU/SC/1024/2021.

3. Learned counsel for the applicants while drawing attention of this Court towards the order of this Court dated 05.04.2022 and the order dated 22.04.2022 passed by the Chief Judicial Magistrate, Bijnor submits that this Court while disposing of the anticipatory bail application of the applicants had directed the trial court to dispose of regular bail of the applicants in light of the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil (supra), however, the trial court has dismissed the application of the applicants on the ground that the applicants have not submitted themselves to the custody of the trial court and they have not surrendered and the applicants are claiming anticipatory bail in the guise of regular bail and therefore, the bail application of the applicants are not maintainable as they are not in the custody of the court.

4. Learned counsel for the applicants in this regard has drawn the attention of this Court towards the judgment of the Hon'ble Supreme Court passed in Satender Kumar Antil (supra), whereby it is provided that if two conditions are satisfied i.e. the accused is not arrested during investigation and secondly has cooperated throughout in the investigation including appearing before Investigating Officer whenever called for the offences, which are categorized in 'A' i.e. offences punishable with imprisonment upto 7 years of imprisonment, ordinary summons shall be issued and if on their non appearance, non bail warrant may be issued, but the same may also be cancelled and the bail application of such accused person on his appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.

5. It is vehemently submitted that the case of the applicants is covered in the cases provided in the category 'A' of the judgment of Satender Kumar Antil (supra). It is vehemently submitted that the Chief Judicial Officer, Bijnor without going through the judgment of the Hon'ble Supreme Court passed in Satender Kumar Antil (supra) has passed the order on his 'whims' while it was specifically provided in Satender Kumar Antil (supra) that there is no need to surrender for the purpose of getting bail under Section 439 Cr.P.C. for the offences, which are categorized in category 'A' and thus it is vehemently submitted that a suitable direction be given to the court below for properly disposing of the bail application of the applicants.

6. Learned A.G.A. has also not disputed the legal position clarified by the Supreme Court in the aforesaid Satender Kumar Antil (supra).

7. Having heard learned counsel for the parties, having perused the record, it is evident