Court No. - 49
Case :- APPLICATION U/S 482 No. - 6182 of 2018 Applicant :- Ashish Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,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 charge sheet dated 14.02.2017 in Case No. 3273 of 2017, arising out of Case Crime No. 542 of 2016 (State Vs. Ashish Sharma), under Sections- 406 I.P.C., Police Station- Kotwali Shahar, District- Mirzapur, pending in the court of C.J.M., Mirzapur.
Learned counsel for the applicants submits that earlier the applicants were granted bail by the competent court on 20.10.2016 under Sections- 419, 420, 467, 468, 471, 506 I.P.C. passed in Case No. 542 of 2016. Thereafter a report has been submitted by the police on 14.02.2017 by which Section 406 I.P.C. have been added.
Considering the facts and circumstances of the case and the law laid down by the Supreme Court in the case of Prahlad Singh Bhati vs. N.C.T., Delhi & another reported in 2001 (4) SCC 280, the prayer made in the present 482 Cr.P.C. application cannot be granted. Hence the same is hereby refused.
However, 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 and no more, from today and applies 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.
With the aforesaid directions, this application is finally disposed of. Order Date :- 23.2.2018 A. Singh