Court No. - 79
Case :- APPLICATION U/S 482 No. - 43458 of 2019 Applicant :- Dev Sharan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhanraj Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the non-bailable-warrant dated 12.9.2019 passed by C.J.M., Chitrakoot in case No.665 of 2019 (State Vs. Shiv Prasad @ Shiv Prakash Mishra and others), arising out of Case Crime No.404 of 2017, under Sections 302, 201, 120B IPC, Police Station Pahadi, District Chitrakoot. By the impugned order, non-bailable-warrant was issued against the applicant.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. 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 prima facie case is to be seen in the light of the law laid down by Supreme Court in 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.
The prayer for quashing the entire proceeding of the aforesaid case is 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 15 days from today and applied for bail, then his bail application shall be considered and decided expeditiously in accordance with law after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
With the aforesaid directions, this application is finally disposed of. Order Date :- 28.11.2019 Mini