Harish Chandra v. State of U.P

Applicant :- Harish Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chand Yadav, Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.,Rajesh Kumar Yadav 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 for quashing the non-bailable-warrant order dated 22.02.2022 passed by learned Additional Sessions Judge/FTC Mainpuri in Sessions Trial No. 103 of 2018 (State Vs. Saurabh and others) arising out of Case Crime No. 72 of 2018 under Sections 147, 148, 149, 302, 120-B, 34 I.P.C. Police Station Ghiror, District Mainpuri. 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 two weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance. The present application stands disposed of. Order Date :- 22.4.2022 S.Ali Reason: Location: High Court of Judicature at Allahabad