Mohammad Hayat and 3 Others v. State of U.P

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41863 of 2023 Applicant :- Mohammad Hayat And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava,Ashutosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the order dated 17.08.2021 i.e. Non-Bailable Warrant passed by Additional Session Judge-III, Gautam Budh Nagar in Case No. 588 of 2014 arising out of Case Crime No. 861 of 2012, under Sections 398, 401 I.P.C. Police Station Sector-39 Noida,District Gautam Budh Nagar (State Versus Mohd. Sajid and others), pending before Additional Session Judge-III, Gautam Budh Nagar.

¶3It is submitted by the learned counsel for the applicants that the F.I.R. was lodged on the basis of false facts and also on the basis of malice. .

¶4On the other hand, learned AGA has opposed the prayer.

¶5Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

¶6Hence, it is directed that in case the applicant moves an application for bail within four weeks from today, the same shall be considered and decided in view of the settled law. For a period of four weeks from today, no coercive action shall be taken against the applicants.

¶7With the above observations, the application stands disposed of. Order Date :- 22.11.2023 Imtiyaz High Court of Judicature at Allahabad