Court No. - 72
Case :- APPLICATION U/S 482 No. - 20247 of 2017 Applicant :- Sanni Mohd. And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ripusudan Dubey,A.C.Tiwari(Ac) Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the N.B.W. order dated 20.03.2017 as well as entire proceedings of Criminal Case No. 477 of 2016 (State Vs. Sunny Mohd. and others) under Sections 494, 498-A & 506 IPC and 3/4 Dowry Prohibition Act, P.S. Shankargarh, District Allahabad, pending in the Court of Judicial Magistrate-III, Allahabad.
3. Though mediation is reported to have failed, learned counsel for the applicant submits, the present prosecution arises out of matrimonial discord between applicant no. 1 and opposite party no. 2 and that exaggerated allegations have been made to introduce the element of criminality.
4. Learned counsel for the opposite party no. 2, on the other hand submits, there are specific allegations made against the applicants which make out the ingredients of the offence alleged.
5. In such facts, learned counsel for the applicant confines the relief sought for a direction for expeditious consideration of the bail.
6. However, in view of the entirety of facts and circumstances of the case, it is directed that in case 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
7. For a period of 30 days, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
8. With the aforesaid directions, this application is finally disposed of. Order Date :- 26.4.2019 Prakhar