Disposed

Kamal Singh v. State of U.P. and Another

Allahabad HC21 May 2019A482/20058/2019

Case brief

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What is this about?

Single judge quashed prayers for quashing the First Information Report and summons order but directed that if the applicant surrenders and applies for bail within 30 days, the lower court must grant bail under settled law with a stay on coercive action during that period.

What did the court decide?

Prayers for quashing refused; applicant directed to appear and apply for bail within 30 days; coercive action stayed if appearance made.

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

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 20058 of 2019 Applicant :- Kamal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Daksha Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, and 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 charge sheet dated 11.8.2017 as well as summoning order dated 27.10.2018 and entire proceeding of the Criminal Case No. 1243 of 2018 (State v. Kamal Singh and others) arising out of Case Crime No. 0113 of 2017 under section 498A, 494, 323, 506 IPC and Section 3/4 of D.P. Act, Police station- Holagarh, District- Allahabad pending in the court of Judicial Magistrate, Court No. -I, Allahabad.

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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 proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is directed, that in case applicants appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants 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). For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him/them.

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With the above directions, present application is disposed of.

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Order Date :- 21.5.2019 ssm

Kamal Singh v. State of U.P. and Another

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Kamal Singh v. State of U.P. and Another

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