All HC | Bail refused as it could not be said that a case was not made out against the applicant

Allahabad High Court: This application was addressed by Ajit Singh, J. which was filed under Section 482 Criminal Procedure Code for quashing of the entire criminal proceeding along with the charge sheet arising out of the case filed under Sections 452, 354-K(a), 323, 504, 506 for first applicant and under Ss. 452, 354-K(a), 323, 504, 506 IPC & 3(1)(I)B SC/ST Act for second applicant and cognizance order pending before Special Judge (SC/ST Act), Jhansi.

Applicant contended before the Court that no offence against the applicants was disclosed and that this case was instituted with the malafide intention for harassing the applicants for which applicant had also provided documents and statements supporting his contention.

High Court was of the view that from the materials on record and facts of the case it cannot be said that no offence was made out against the applicants. But since the facts presented are disputed questions of fact, which the Court could not adjudicate under Section 482 of the Criminal Procedure Code. Therefore, Court refused to quash the entire proceeding of the case and it was directed that in case the applicants appear and surrender before the court below within 30 days from today and applies for bail, their prayer for bail shall be considered. [Sunil Kori v. State of U.P., 2019 SCC OnLine All 2065, Order dated 23-04-2019]

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