Court No. - 49
Case :- APPLICATION U/S 482 No. - 29258 of 2018
Applicant :- Gopal Sharma
Opposite Party :- State Of Up And Another Counsel for Applicant :- Vinay Kumar Tripathi 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 30.7.2016 as well as entire proceeding in Case No. 12870 of 2016, State Vs. Gopal Sharma, arising out of Case Crime No. 467 of 2016, under Sections 279, 338 IPC, Police Station Raya Mathura, District Mathura, pending in the court of A.C.J.M.1, Mathura.
Learned counsel for the applicant submits that the present prosecution has arisen only by way of counter blast to an earlier FIR lodged by the applicant on 21.6.2016 with reference to occurrence of that date itself wherein the applicant was injured while another person was murdered.
However, learned A.G.A. on the other points out to the fact that there is injury report in support of the FIR allegation in the present case.
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 45 days 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 24.8.2018 Mini