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Nirbhan Singh Tomar v. State Of U.P. - APPLICATION U/s 482 No. 197 of 2005 [2006] RD-AH 442 (6 January 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ravindra Singh, J.

Heard learned counsel for the applicants and learned A.G.A.

This application is filed by the applicants  with a prayer that the charge sheet of the case crime no. 1146 of 2001, under Sections 147, 148 149,307, 452 and 506 I.P.C. a P.S. Mantola, district Agra may be quashed.

From the perusal of the record it appears that on the basis of the evidence collected by the I.O. during investigation prima facie offence under the aforesaid sections is made out, therefore, the prayer for quashing the charge sheet is refused.

It is further contended that in the present case the the arrest of the applicants was stayed by this court on 18.12.2001 till the credible evidence is collected by the I.O. during the investigation and 29 persons have been implicated and only one person had received injuries. The injury received by the injured are  5 in number out of which only injury no. 3 was grievous in nature. In this case the applicants have been falsely implicated.  The  applicants are peace loving and law abiding persons. They undertake that they shall co-operate with the  proceedings of the trial and they shall not tamper with the evidence. It is further contended that the applicants want to appear before the court concerned, but there is reasonable apprehension in their mind that in case they appear before the court concerned and apply for bail their bail application shall not be considered and disposed of on the same day, so a suitable direction may be issued to the court below.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants it is directed that in case the applicants appear before the court concerned  within 25 days from today and apply for bail their bail application shall  be considered and disposed of in strict compliance of the direction given by full bench of this court in the case of Smt Amrawati and another Vs. State of U.P. (2004) (57) ALR, 390.  keeping in mind that in this case 29 persons have been implicated, but in this incident only one person has received  five injuries and it has not been specifically alleged that who caused those injuries. The N.B.W. issued against the applicants shall be kept in abeyance for a period of 25 days only from today. It is made clear that in case the applicants do not appear in the court concerned within stipulated period the N.B.W. issued against them shall become executable.

With the above direction the application is finally disposed of.

Dated: 06.01.06



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