Partly allowed

Aftab Alam v. State of U.P. and Another

Allahabad HC16 May 2019A482/19229/2019

Case brief

AI extract

What is this about?

The High Court refused to quash the non-bailable warrant and criminal proceedings under Section 482 Cr.P.C. It allowed a 30-day interim to recall the warrant or lodge a bail application, directing the lower court to consider such applications expeditiously without coercive action during this period.

What did the court decide?

Prayer to quash N.B. warrant and proceedings dismissed. 30-day stall granted for recalling warrant or applying for bail.

Aftab Alam Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 19229 of 2019

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Applicant :- Aftab Alam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rajeev Kumar Singh, learned counsel for the applicants and Sri Abhinav Prasad, learned AGA for the State.

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This application has been filed under section 482 Cr.PC with a prayer to quash the impugned order dated 8.8.2018 passed by AcJM-II, Gorakhpur, issuing Non Bailable Warrant against the applicant as well as further proceedings of Case No. 1434 of 2015 (State v. Aftab Alam and others) arising out of Case Crime No. 5 of 2015, under sections 323, 504, 506,498A IPC and Section 3/4 of D.P. Act, Police Station- Mahila Thana, District- Gorakhpur pending in the court of ACJM-II, Gorakhpur.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contention.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

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The prayer for quashing the non-bailable warrant order and proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is provided that if the applicant files an application for recalling of the non-bailable warrant issued against him within 30 days from today, the said application may be considered and disposed off as expeditiously as possible, in accordance with law or in case, the applicant appears and surrenders before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC).

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For a period of 30 days from today or till disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant.

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However, in case, the applicant do not appear before the court below within the aforesaid period, coercive action shall be taken against him.

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With the above directions, present application is disposed of.

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Order Date :- 16.5.2019 ssm

Aftab Alam v. State of U.P. and Another

Case brief

What is this about?

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Aftab Alam v. State of U.P. and Another

Case brief

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