Court No. - 49
Case :- APPLICATION U/S 482 No. - 28885 of 2018
Applicant :- Manoj Kumar Gupta
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kailash Nath Kesharwani 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 no. 130 dated 28.10.2007 and the proceeding of Criminal Case No. 82 of 2008 (State Vs. Manoj Kumar Gupta), cognizance dated 30.1.2008, arising out of Case Crime No. 118 of 2007, under Section 3/7 Essential Commodities Act, Police Station Bidhuna, District Auraiya.
Learned counsel for the applicant states that the ADM, Auraiya had already passed an order wherein the applicant has been found to be rightful owner of the rice. Reliance has also been placed on the other evidence that is claimed to have been collected during the investigation which clearly indicates that the rice belonged to the applicant and was not part of the public distribution system.
Then, as to issuance of NBW, it has been submitted that no prior intimation had been given to the applicant.
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.
Once the applicant is enlarged on bail, it shall further be open to the applicant to seek discharge in view of the case diary material that has been referred in the present proceeding.
The present application stands disposed of.
Order Date :- 21.8.2018 Mini