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Yunus @ Kala vs State Of U.P. And Another on 6 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- APPLICATION U/S 482 No. – 5108 of 2020

Applicant :- Yunus @ Kala

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Sameer Khan

Counsel for Opposite Party :- G.A.

Hon’ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the Non-bailable warrants dated 18.11.2019 and 08.01.2020 issued against the applicant by Addl. Civil Judge-VII, Meerut, in Complaint Case Nos.1575 of 2014 and 4899 of 2019, Smt. Gulista v. Yunus alias Kala, under Section 406 IPC, Police Station Daurala, District Meerut.

Learned Counsel for the applicant submits that applicant is innocent. He has committed no offence and he has been falsely implicated in the present case. Lastly he submits that applicant is ready to approach the Court below for bail, therefore, he may be given some time to surrender before the Court below and a suitable direction be issued for considering his bail application on same day, in accordance with law.

On the other hand, learned AGA refuted the submissions made by learned Counsel for applicant and he has no objection to the aforesaid request regarding the direction of bail.

Considering over all circumstances of the case and rival submissions made by learned Counsel for the parties, it cannot be said that no prima-facie case is made out. Submissions made at bar relates to disputed questions of fact, it cannot be considered by the court at this stage under Section 482 Cr.P.C.

Present application is disposed of with a direction to the Court below to consider the bail application of the applicant expeditiously, in accordance with law, and keeping in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 as well as judgment passed by Hon’ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh others Vs. State of U.P. and others, 2016 (7) ADJ 151. If applicant surrenders and applies for bail within a period of one month from today.

For a period of one month from today or till his surrender whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, appropriate action shall be taken against him, in accordance with law.

Order Date :- 6.2.2020

Akram

 

 

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