ANIL KUMAR SHARMA Vs. NARESH KUMAR

JUDGEMENT

(1.) The informant/victim, becoming aggrieved, by, an order made by the learned Additional Sessions Judge-I, Shimla, hence, affording indulgence of anticipatory bail, , vis-a-vis, the accused/respondent No.1, herein, has, thereagainst motioned this Court, for quashing, the affirmative pronouncement made, upon, bail petition No. 338/2019, on, 29.8.2019, hence by the learned Additional Sessions Judge-I, Shimla.

(2.) At the out set, the learned counsel appearing for the accused/respondent No.1, has with vigour, made a vehement address before this Court (a) that the informant/victim, has no locus standi, to cast a challenge, vis-a-vis, an affirmative order becoming pronounced, upon, the afore bail petition, hence by the learned Addl. Sessions Judge concerned, (b) given the befitting locus standi to cast a challenge, vis-a-vis, the afore order, being solitarily vested, in, the State, and, with the latter not making any motion, before this Court, thereupon, the motion as made herebefore, by the victim/informant, being, as, mis-recoursed legal remedy.

(3.) However, the afore contention is rendered rudderless, in the face of the Hon'ble Apex Court, in, a case titled, as, Amanullah and another vs. State of Bihar and others, 2016 6 SCC 699, making, the, hereafter extracted expostulations, in, paragraphs No.19 and 20 thereof, paras whereof stand extracted hereinafter:-