Court No. - 49
Case :- APPLICATION U/S 482 No. - 28844 of 2018
Applicant :- Shahzeb Azeem And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ganga Shankar,Jitendra Kumar Tripathi
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.
The present 482 Cr.P.C. application has been filed with the following relief:
“It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and direct to the concerned Chief Judicial Magistrate, District Saharanpur to consider the bail application of the applicant in Case Crime No. 0366 of 2017, under Section 323, 325, 354B, 504, 506 I.P.C., Police Station Sadar Bazar, District Saharanpur, as well as against N.B.W. order dated 12.6.2018.
The contention of learned counsel for the applicants is that no offence against the applicants 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. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and requires 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 30 days from today and apply for bail, his 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 30 days, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of.
Order Date :- 21.8.2018 Prakhar