Sarswati Devi and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42895 of 2023 Applicant :- Sarswati Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Nath Singh Counsel for Opposite Party :- G.A.,Anurag Kumar Hon'ble Neeraj Tiwari,J. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Anurag Kumar, learned counsel for the opposite party no.2. The present 482 Cr.P.C. application has been filed to quash the Non Bailable Warrant dated 30.10.2023 in Case No. 2553 of 2019 (State vs. Saraswati Devi), arising out of Case Crime No. 48 of 2019, under Sections 406, 419, 420, 120-B IPC, Police Station-Mariyahun, District-Jaunpur. 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 15 days from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law. For a period of 15 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance. The present application stands disposed of. Order Date :- 23.11.2023 Junaid High Court of Judicature at Allahabad