Court No. - 49
Case :- APPLICATION U/S 482 No. - 6794 of 2018
Applicant :- Dinesh Kumar Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prakash Narayan Tirpathi 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.
This application under Section 482 Cr.P.C. has been filed to quash the Non Bailable Warrant dated 20.11.2017 in Criminal Case No. 1775 of 2012 arising out of Case Crime No. 18 of 2004, under Sections- 419, 420, 467, 468, 471 I.P.C., Police Station- Newadhiya, District- Jaunpur.
Earlier, the applicant had filed an application U/s 482 Cr.P.C. No. 8931 of 2004 (Dinesh Kumar Singh and others Vs. State of U.P. and another), in which an interim order had also been granted in favour of the applicants on 26.02.2004. The said application was dismissed for want of prosecution on 23.06.2017 during summer vacation. Learned counsel for the applicants states though an application for recall of that order had been filed, the applicants will not press that application any further.
Presently the applicant is aggrieved with the issuance of Non Bailable Warrant.
Having heard the learned counsel for the applicant 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 applicant 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 applicant appears and surrenders before the court below within 30 days and no more from today and apply 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 27.2.2018 Lbm/-