Court No. - 49
Case :- APPLICATION U/S 482 No. - 32095 of 2018 Applicant :- Gaurav Alias Ajay Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.03.2017, non-bailable warrant order dated 18.07.2017 as well as the entire proceedings of Criminal Case No. 4215 of 2017 (State Vs. Kanhaiya and others), arising out of Case Crime No. 79 of 2017, under Sections- 325, 504 I.P.C., and Section 3(1)10 S.C./S.T. Act, Police Station- Dibai, District- Bulandshahar, pending in the court of Special Judge S.C./S.T. Act, Bulandshahar.
3. Learned counsel for the applicant submits that the present applicants are not named in the FIR. It is then submitted that there are general and vague allegations against the applicants.
4. 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.
5. 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 30 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.
6. For a period of 30 days, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
7. The present application stands disposed of.
Order Date :- 18.9.2018 Prakhar