Court No. - 52
Case :- APPLICATION U/S 482 No. - 19968 of 2020
Applicant :- Arun @ Arun Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of Criminal Case no. 4472 of 2020 (State Vs. Kamal Singh and others) arising out of Case Crime No. 291 of 2020, under Sections 147, 148, 323, 308, 325, 504, 506 IPC, Police Station Shikarpur, District Bulandshahr pending in the court of Chief Judicial Magistrate, Bulandshahr. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
Only prayer pressed by the learned counsel for the applicant is that a direction be given to the court concerned to decide the bail application of the applicant expeditiously.
Learned AGA has opposed the prayer.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
As is evident, all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. From a perusal of the material available on record and keeping in view the facts of the case, at this stage it cannot be said that offences levelled against the applicant is not made out. Hence, prayer made in the application is refused.
However, it is observed that in case applicant surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the aforesaid observations, the application stands
disposed of.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Sanjeet
Digitally signed by Justice Om Prakash Date: 2021.01.07 14:51:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad