Court No. - 49
Case :- APPLICATION U/S 482 No. - 7063 of 2018 Applicant :- Bijendra Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Praveen Kumar,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 04.09.2016, cognizance order dated 29.11.2016 as well as entire proceedings of Case No. 1055/IX of 2016 (State Vs. Bijendra and another), arising out of Case Crime No. 18 of 2016, under Section- 420 I.P.C., Police Station- Barsana, District- Mathura.
Having heard the learned counsel for the applicants 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 applicants involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 45 days and no more from today and apply for bail, their 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
In case, the applicants do not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure their attendance.
The present application stands disposed of. Order Date :- 28.2.2018 A. Singh