Court No. - 49
Case :- APPLICATION U/S 482 No. - 19861 of 2018
Applicant :- Rakesh And Anr
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the Non Bailable Warrant dated 11.04.2018 in Criminal Case No. 5123 of 2016, arising out of Case Crime No. 248 of 2005, under Sections- 147, 148, 149, 323, 504, 506, 379, 467, 468, 452, 342 I.P.C., Police Station- Soron, District- Kasganj.
Learned counsel for the applicants submits that the FIR allegations are plainly false and inherently improbable arising out of certain dispute between the parties in connection with the election for the post of Chairman of the Nagar Palika Parishad.
However, at present the allegation appears to be factual, which require appraisal of evidence before any firm conclusion can be drawn.
Having heard the learned counsel for the applicants 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 applicants 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 applicants appear and surrender before the court below within 45 days and no more from today and apply for bail, their 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 45 days and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 31.5.2018 Lbm/-