Monu @ Yogesh Kumar Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:104774

Court No. - 46

Case :- APPLICATION U/S 482 No. - 16806 of 2023

Applicant :- Monu @ Yogesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the (N.B.W.) impugned order dated 03.12.2022 passed by Additional Session Judge Special Court (Gangster Act), Court No.8, Saharanpur as well as the entire proceedings of S.P.L. No.60 of 2017, arising out of Case Crime No.353 of 2016, under Section 2(B)(ii)/3 U.P. Gangster & Anti Social Activities Act, 1986, Police Station Gagalhedi, District Saharanpur.

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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 causing harassment.

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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.

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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. For a period of 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.

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The present application stands disposed of .

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Order Date :- 15.5.2023/Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Monu @ Yogesh Kumar v. State of U.P. and Another

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Monu @ Yogesh Kumar v. State of U.P. and Another

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