Court No. - 72
Case :- APPLICATION U/S 482 No. - 16346 of 2019
Applicant :- Nafees
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shahnawaz Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 18.01.2019 as well as proceeding in Case Crime No. 0898/2018, under Sections 147, 302, 201, 404, 414 I.P.C., Police Station- Shamli, District- Shamli, pending in the court of learned District & Session Court, Shamli, District- Shamli.
3. Learned counsel for the applicant submits, neither any recovery was made from the applicant nor there is any other credible material existing on the case diary as may support the allegation of offence under Section 414 I.P.C. made against him.
4. However, it is not disputed that, at present, the applicant has been charged not only under Section 414 I.P.C. but also under Sections 147, 302, 201 & 404 I.P.C. for which there does appear to exist material on record to proceed against the applicant.
5. Also, it has been submitted, the applicant has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 7509 of 2019 vide order dated 21.2.2019 Sections 147, 302, 201 and 404 I.P.C.
6. The prayer for quashing the proceedings of the aforesaid case is declined.
7. 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 from today and apply for bail Section 414 I.P.C., 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.
8. For a period of 30 days, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
9. Once the applicant has been enlarged on bail, it may remain open to him to seek discharge at appropriate stage, which application if filed shall be decided in accordance with law, without being influenced by any observations made in this order.
10. With the aforesaid observations, this application is finally
disposed of.
Order Date :- 25.4.2019 Prakhar