Court No. - 73
Case :- APPLICATION U/S 482 No. - 7363 of 2019 Applicant :- Jubair Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,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 10.07.2017 as well as N.B.W. order dated 20.4.2018 and the entire proceeding of Case No.6800 of 2017 (State Vs. Arsi and others), arising out of Case Crime No.1195 of 2016, under Sections-147, 148, 149, 353, 295-A IPC & 7 Criminal Law Amendment Act, 1932, Police Station- Kotwali Kannauj, District- Kannauj, pending in the court of learned Chief Judicial Magistrate, Kannauj.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
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.
At this stage, learned counsel for the applicant submits that applicant is ready to surrender before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and 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 30 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 Apex 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 :- 26.2.2019 Junaid