Dismissed

Satendra Kumar v. State of U.P. and Another

Allahabad HC2 Mar 2023A482/3650/2023

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. petition challenging a non-bailable warrant for an Arms Act offence, the court refused quash due to factual disputes but directed surrender within two weeks for bail consideration while keeping the warrant in abeyance.

What did the court decide?

Non-bailable warrant kept in abeyance for 2 weeks; applicant directed to appear and surrender within 2 weeks to avail bail.

Satendra Kumar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 3650 of 2023

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Applicant :- Satendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Sharma,Shivam Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant and the learned Additional Government Advocate for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the non-bailable warrant dated 29.11.2018 passed in Case No. 546 of 2012 (State Vs. Satendra Kumar), arising out of Case Crime No. 43 of 2012, under Section 25 Arms Act, Police Station Shasani, District Hathras.

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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. He pointed out certain documents and statements in support of his contention.

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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 praying for quashing of impugned order and entire proceedings of criminal case. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

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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 two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

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For a period of two weeks 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 :- 2.3.2023 Abhishek Singh

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Satendra Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Satendra Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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