Court No. - 53
Case :- APPLICATION U/S 482 No. - 2128 of 2019 Applicant :- Krishna Prashad Singh Opposite Party :- State of U.P. And Another Counsel for Applicant :- Vinay Kumar Singh,Capt Seema Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicant with the prayer to quash the entire proceedings of Case No. 1578 of 2018 arising out of Case Crime No 485 of 2017 under Sections 448, 332, 352, 506 IPC, Police Station Maduadih, District Varanasi.
Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicant. The present prosecution launched against the applicant is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
Learned A.G.A., contended that there is no illegality in filing of the chargesheet.
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.
In view of the above, the prayer for quashing the entire proceedings of the aforesaid case is refused.
However, none of the aforesaid offences against applicant is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicant files his bail application, prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
With the above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 21.1.2019 Jaswant