Allahabad High Court
Vipul Das And 2 Others vs State Of U.P. And Another on 21 October, 2020
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- APPLICATION U/S 482 No. - 7013 of 2020 Applicant :- Vipul Das And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the charge sheet dated 02.11.2018 in Case No. 5850 of 2019, Case Crime No. 0827 of 2018, under Sections 323, 504, 506 I.P.C. and 3(1)(Da), 3(1)(Dha) and 3(2)(va) S.C./S.T. Act, Police Station Bahedi, District Bareilly, pending in the Court of Special Judge, S.C./S.T. Act, District Bareilly.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. They have committed no offence. Investigating Officer did not appreciate the evidence recorded during the pendency of investigation. He showed some statements and documents in favour of their contention.
Lastly learned Counsel for applicants prayed that a suitable direction be issued for early disposal of the case and their bail application, if they surrender before the trial court, in accordance with law.
Learned AGA opposed the prayer of application and submitted that the Investigating Officer, on completion of investigation submitted charge sheet against the applicants but has no objection to the second prayer regarding the direction of bail.
From perusal of material on record and looking to the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Supreme Court in Cases of State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, Md. Allauddin Khan Vs. The State of Bihar & Ors., A.I.R. 2019 SC 1910 and Ashok Kumar Dubey vs. State of U.P. and another, decided on 12.12.2019 by this Court I do not see any good ground for quashing the same and prayer is refused.
However, the present application is dispose of with a direction to the Court below that if applicants surrender and move an application for bail within a period of 45 days from today. Trial Court shall consider their bail application, in accordance with law, and keeping in view of the settled law laid down 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.
For a period of 45 days 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.
Order Date :- 21.10.2020 Manoj