Court No. - 1
Case :- APPLICATION U/S 482 No. - 8412 of 2018
Applicant :- Rai Shahab
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Sharad Kumar Srivastava,Phool Chandra Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant and Sri I.P.Srivastava, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for directing the learned court below to release the applicant on bail on personal bond in Case Crime No. 567/2017, under Sections 323, 504, 506, 308 I.P.C., police station Badalapur, District Jaunpur.
The contention of learned counsel for the applicant is that the identity of the applicant was disputed in the present case as his brother was involved in the present case but the charge sheet has been submitted against him.
Learned AGA submits that the injured has suffered injuries.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 28.3.2018 A.K.Srivastava