Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13215 of 2021 Applicant :- Arshad @ Bhura Opposite Party :- State of U.P.
Counsel for Applicant :- Vikrant Pandey,Bhanu Prakash Tiwari,Sarvjeet Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 95 of 2021 (State vs. Arshad @ Bhura), under Sections - 420, 467, 468 and 471 I.P.C., Police Station - Swar, District - Rampur, during the pendency of trial.
Crux contention raised before this Court is that the applicant was not arrested on the spot and on account of enmity with the police, a false case has been set up against the applicant. He had no motive ever to commit the offence in question. The police has thrusted a false case, which cannot be believed on its face. In case, the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail and has submitted that in this case, the F.I.R. satisfactorily names the applicant and forged royalty papers were being prepared at the shop of the applicant and on this information, police and the authorities raided at the shop of the applicant, who was very clever, ran away from the shop with a bag. The testimony in that regard has come forth from the statement of the witnesses. Merely, because witnesses were police constables, worthiness would not minimize the testimony, which is subject matter of appreciation by the trial court concerned and at this stage, the face value cannot be washed away. However, it is noticeable that after the forged royalty papers were recovered from the shop of the applicant, who ran away from the shop, was seen, as such mines and minerals authorities have also lodged an F.I.R./case against the applicant, regarding the commission of the crime and preparation of forged papers claiming royalty.
I have considered the rival submissions and also scanned the entire record as brought before this Court, obviously the accusation is well founded and cannot be said to be vague and there is no denial of fact that the shop belongs to the applicant and there is no denial of fact that the applicant allegedly ran away from the shop. It being so, no interim relief can be granted to him.
Consequently, the instant anticipatory bail application is
dismissed.
Nothing has been observed the merit of the case.
Order Date :- 16.8.2021 S Rawat