Court No. - 85
Case :- APPLICATION U/S 482 No. - 11181 of 2021 Applicant :- Toni Tiwari @ Chhotu Tiwari @ Subhash Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Kumar Bharti Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,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 praying for quashing of charge sheet dated 14.04.2018 as well as the entire proceedings of Case No. 51 of 2019 (State Vs. Anoop Singh and others), arising out of Case Crime No. 486 of 2016, under Sections- 307 I.P.C., Police Station- Bairiya, District- Ballia, pending in the court of Chief Judicial Magistrate, Ballia.
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 praying for quashing of impugned order. The prayer praying for quashing of 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 two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.
For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of.
Order Date :- 29.7.2021 shiv