Court No. - 51
Case :- APPLICATION U/S 482 No. - 9786 of 2018 Applicant :- Aamir Ahmad @ Saifi And 7 Others Opposite Party :- State Of U.P. And Others Counsel for Applicant :- Aslam Ali Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for staying the NBW issued in case no. 12 of 2016, case crime no. 268 of 2015, U/s 498A, 323, 506 IPC and section 3/4 D. P. Act pending befor the concerned court below.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
However, keeping in view the averment as made in paragraph nos. 2 onwards of the affidavit, without expressing any opinion on the merits of the case, it is directed that in case the applicants appear and surrender before the courts below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided on its own merits 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the courts below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid direction, the application U/s 482 is disposed off finally.
Order Date :- 30.3.2018 Kuldeep