Court No. - 49
Case :- APPLICATION U/S 482 No. - 25499 of 2018
Applicant :- Pushp Kumar Singh @ Gaurav Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bhuvnesh Kumar Singh 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 order dated 02.07.2018 passed by Civil Judge (S.D.) F.T.C./A.C.J.M, Bijnor in Criminal Case No. 386 of 2018 (State Vs. Pushp Kumar), arising out of Case Crime No. 49 of 2017, under Sections 498-A, 323, 504, 506 I.P.C., and 3/4 D.P. Act, P.S. Mahila Thana, District Bijnor.
Learned counsel for the applicant submits that the applicant was on interim bail but he could not appear on a single date on account of illness and hospitalization (in proof where of certain documents have been annexed to the present application). Therefore, non-bailable warrant has been issued against him.
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 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 from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 30.7.2018 Prakhar