Court No. - 73
Case :- APPLICATION U/S 482 No. - 6441 of 2019
Applicant :- Ajay Bajpayee
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
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 16.08.2018 passed by Special Chief Judicial Magistrate, Kanpur Nagar in Criminal Case No. 5848 of 2015 (State Vs. Ajay Bajpayee) under sections 323, 504 I.P.C. and 3(1)(10) SC/ST Act, Police Station, Govind Nagar, District- Kanpur Nagar (arising out of Case Crime No. 445 of 2007).
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.
At this stage, learned counsel for the applicant submits that applicant is ready to surrender before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and apply 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 Apex 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 :- 21.2.2019 Sartaj