Court No. - 49
Case :- APPLICATION U/S 482 No. - 29245 of 2018
Applicant :- Tilak Ram
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Sukesh Kumar,Surya Nath Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Charge sheet dated 29.10.2014/1.1.2015 arising out of Case Crime No. 1193 of 2014, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act read with Section 11 of Animal Cruelty Act and Section 353 of Indian Penal Code, Police Station Dudhara, District Sant Kabir Nagar (State Vs. Chunna and others), pending before the Additional Chief Judicial Magistrate, Sant Kabir Nagar registered as Case No. 39 of 2015.
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 45 days from today and applies 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 applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 24.8.2018 Mini