Court No. - 17
Case :- APPLICATION U/S 482 No. - 5750 of 2018
Applicant :- Anees Ahmad
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Atul Pandey,Sandeep Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
The present Application 482 Cr.P.C. has been filed for quashing the charge-sheet No. 02 of 2017 (107A/2017) dated 19.05.2017 in Case Crime No. 57 of 2017, under Sections 147, 148, 149, 353 and 307 I.P.C. Police Station Deoband, District Saharanpur, pending before learned Additional C.J.M., Deoband, Saharanpur.
Learned counsel for the applicant contends that he has been falsely implicated by O.P. No.2 only because his father is the Gram Pradhan; no such fire was made as has been alleged; earlier Writ Petition No. 1106 of 2017 was filed by him along with others seeking quashing of F.I.R., whereon, the Court had granted stay of arrest till submission of police report under Section 173 (2) Cr.P.C.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
According to F.I.R., the police party is alleged to have been fired upon by accused applicant, although, no injury has been caused; the statements of the police witnesses gathered may not be disbelieved at this stage unless trial takes place. On the basis of the evidence on record, cognizable offence is made out against the accused applicant. There is no ground to quash the charge-sheet.
The prayer for quashing the charge-sheet is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may 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 or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2018
A. Mandhani