Court No. - 49
Case :- APPLICATION U/S 482 No. - 7081 of 2018
Applicant :- Ram Nayan And 8 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Akhil Ranjan 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 charge sheet dated 30.3.2012 filed against the applicants in Case Crime No. 299 of 2011, under Section 447 IPC and Section 3 Prevention of Damage to Public Property Act, Police Station Pipraich, District Gorakhpur.
Having heard the learned counsel for the applicants and perused the materials brought on record, it do not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage.
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 30 days 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
In case, the applicants do not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure their attendance.
The present application stands disposed of. Order Date :- 28.2.2018 Mini