Court No. - 85
Case :- APPLICATION U/S 482 No. - 19695 of 2021 Applicant :- Rafat Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafar Abbas,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard Sri S.G.Hasnain, learned Senior Counsel assisted by Sri Zafar Abbas learned counsel for the applicant, learned A.G.A. for the State, Sri Mukeem Ahmad, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed praying for quashing the non-bailable-warrant order dated 03.09.2021 passed by learned Additional Sessions Judge, Court No.7, District Azamgarh in Sessions Trial No. 467 of 2018 (State Vs. Tahir and others) arising out of Case Crime No. 214 of 2017, under Sections 307, 323, 504 I.P.C. Police Station Saraimeer, District Azamgarh.
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 praying for quashing of impugned order. The prayer praying for quashing of 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 two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of.
Order Date :- 25.10.2021/S.Ali