Case :- APPLICATION U/S 482 No. - 46865 of 2019 Applicant :- Satyendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Srivastava,Pankaj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the non bailable warrant dated 11.4.2019 in Case No. 25253 of 2018 in Case Crime No. 119 of 2018 (State Vs. Bhanu Pratap Singh Others), under Sections 457, 380, 427, 411, 413, 414 I.P.C., Police Station Naubasta, District Kanpur Nagar pending in the court of Additional Chief Metropolitan Magistrate-IInd, Kanpur Nagar.
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 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 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 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law propounded by the Hon'ble Supreme Court.
For a period of 30 days from today, non-bailable warrant issued against the applicant, shall be kept in abeyance.
Order Date :- 18.12.2019 Vibha Singh