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Allahabad High Court · body

2020 DIGILAW 121 (ALL)

Nate Alias Malai Alias Rahmat Ali v. State of U. P.

2020-01-10

RAJENDRA KUMAR IV

body2020
JUDGMENT : 1. Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record. 2. The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the impugned order dated 5.11.2019 submitted in Criminal Case No.4717 of 2009, State versus Abdullah and others, (Crime No. 1615 of 2009), under Sections 323, 325, 504 and 506 IPC, Police Station Khalilabad, District Sant Kabeer Nagar. 3. Learned Counsel for the applicants submits that applicants are innocent. They have committed no offence and they have been falsely implicated in the present case. Lastly he submits that applicants are ready to approach the Court below for bail, therefore, they may be given some time to surrender before the Court below and a suitable direction be issued for considering their bail applications on same day, in accordance with law. 4. On the other hand, learned AGA refuted the submissions made by learned Counsel for applicants and he has no objection to the aforesaid request regarding the direction of bail. 5. 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. 6. Present application is disposed of with a direction to the Court below to consider the bail application of the applicants 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 judgment of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151 . If applicants surrenders and applies for bail within a period of one month from today. 7. For a period of one month from today or till their surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, appropriate action shall be taken against them, in accordance with law.