Court No. - 76
Case :- APPLICATION U/S 482 No. - 42404 of 2019 Applicant :- Shamim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,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 non bailable warrant issued against the applicant as well as the entire proceeding of Criminal Case No. 4014 of 2018 (State vs. Shamim and another) arising out of Case Crime No. 457 of 1998, under Section 409 IPC, Police Station-Afjalgarh, District- Bijnor, pending in the court of Additional Chief Judicial Magistrate, Nagina.
3. The contention of learned counsel for the applicant 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.
4. 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 applicants involves factual disputes and appraisal of evidence.
5. 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 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.
6. For a period of 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
7. The present application stands disposed of. Order Date :- 26.11.2019/JK Yadav