Court No. - 49
Case :- APPLICATION U/S 482 No. - 10264 of 2018
Applicant :- Mohammad Shafique
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Mohammad Shahrum Khan
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Sanjay Kumar, Advocate has filed his Vakalatnama on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the Non Bailable Warrant dated 01.09.2015 in Case No. 3930 of 2010 arising out of Case Crime No. 334 of 2010, under Section 406 I.P.C., Police Station- Naubasta, District- Kanpur Nagar, pending before the Addl. Chief Metropolitan Magistrate-I, Kanpur Nagar.
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.
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 30 days and no more from today and apply 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 and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 29.3.2018 Lbm/-