Court No. - 49
Case :- APPLICATION U/S 482 No. - 32001 of 2018
Applicant :- Vijay
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ravindra Prakash Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 15.6.2018 and 28.7.2018 passed by Additional Sessions Judge/Fast Track Court, Second, Sant Kabir Nagar in Special Sessions Trial No. 223 of 2016 (State Vs. Vijay Kumar), arising out of Case Crime No. 412 of 2015, under Sections 363, 366, 506 IPC and 3(1) (XI) of SC/ST Act and 17 POCSO Act, Police Station Bakhira, district Sant Kabir Nagar
3. Admittedly, the applicant had challenged the charge sheet and the summoning order in 482 Application No. 28961 of 2016, wherein interim protection had been granted to the applicant. The said application is stated to be pending. Learned counsel for the applicant submits that he does not intent to press this application any further and he would be filing an application in that regard in that pending proceeding.
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 applicant 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 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 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 :- 17.9.2018 Mini