Allahabad High Court
Priyender Pratap vs State Of U.P. And Another on 21 April, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 14143 of 2023 Applicant :- Priyender Pratap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahabir Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Mahabir Yadav, learned counsel for the applicant, Sri Sai Girdhar, learned counsel for the State and perused therecord.
3. This application under Section 482 Cr.P.C. has been filed by the applicant Priyender Pratap, with the prayer to quash the charge sheet no. 211/2019, dated 1.6.2019 in Session Trial No. 1075/2021, State vs. Kapit Thakur and others, Case Crime No. 18/2019, u/s 147, 149, 323, 427, 452, 504, 506 I.P.C., P.S. Banna Devi, Dsitrict Aligarh, pending before the Additional Sessions Judge/Special Judge POCSO Court, Aligarh as well as cognizance order dated 26.3.2021 as well as non bailable warrant dated 3.10.2022 and with the further prayer to stay further proceedings of said session trial.
4. Learned counsel for the applicant submitted that the applicant is a student and he has been falsely implicated in the present case due to party bandi of students and he is an innocent person. It is argued that the applicant is not indulged in act of mar pit but he has been implicated in the present case just to harrass him. The applicant has no criminal history as stated in para-23 of the affidavit. It is argued that as such the present proceedings is nothing but an abuse of process of law.
5. Per contra, learned counsel for the State has opposed the prayer.
6. After having heard learned counsels for the parties and perusing the records, it is evident that there are number of factual controversies involved in the matter, which could be well appreciated only by the trial court. Since the applicant is not bailed out as yet, he shall appear before the trial court concerned within 15 days from today and move an application u/s 88 Cr.P.C. The trial court, after ensuring the presence of the applicant, shall release him with or without sureties. Said application shall be decided within 15 days thereafter. Thereafter, the applicant shall move an application seeking discharge u/s 227/239 Cr.P.C., which would be heard and decided by the concerned court within six weeks from its filing by a well reasoned order after hearing learned counsel for the State.
7. Till the disposal of said discharge application moved on behalf of applicant, he shall not be arrested in aforesaid case crime.
8. It is made clear that in the event the 'Discharge Application' is decided against the applicant, then it would be incumbent upon the applicant that he would surrender before the trial court concerned and file a bail application.
9. This application stands disposed off with above observations.
(Samit Gopal,J.) Order Date :- 21.4.2023 {Naresh}