Held that Section 482 application to quash the non-bailable warrant and proceedings is not a fit case for quashing involving factual disputes. However, prima facie bail may be considered if the applicant surrenders within 30 days and applies for bail.
Non-bailable warrant kept in abeyance for 30 days; liberty granted to apply for bail upon surrender.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 43525 of 2019
Applicant :- Lal Bihari Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anuj Bajpai,Amit Kumar Sharma Counsel for Opposite Party :- G.A.,Kuldeep Kumar Dixit
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the N.B.W. order dated 16.10.2019 as well as impugned proceeding arising out of charge sheet dated 24.06.2016 pending in the court of Judicial Magistrate, Tilhar Shahjahanpur in Case No.2274 of 2018, arising out of Case Crime No.0675 of 2016, under Sections 406, 420, 504, 506 I.P.C., Police Station Katra, District Shahjahapur.
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 causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage, as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of .
Order Date :- 11.12.2019 Anand Sri./-
2 issues framed by the court
Whether Section 482 Cr.P.C. application for quashing of non-bailable warrant and proceedings should be allowed at this stage involving factual disputes and appraisal of evidence.
Whether bail should be considered for the applicant if he appears and surrenders before the court below within 30 days.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Relied on¶10
2004 (57) ALR 290 Amrawati and another Vs. State of U.P.
Lal Kamlendra Pratap Singh Vs. State of U.P.Relied on¶10
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Lal Bihari
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
