Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49360 of 2018 Applicant :- Arvind Rajak @ Vasu Opposite Party :- State Of U.P.
Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application has been filed seeking the release of applicant on bail in Case Crime No.68 of 2018, u/s 457, 380, 411 I.P.C., Police Station -Kakadev, District-Kanpur Nagar.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Learned counsel for the applicant has pleaded innocence and submitted that he has been falsely implicated in the case due to enmity and that the offences levelled against him are triable by the court of Magistrate, therefore, he should be released on bail.
Learned A.G.A. has opposed the prayer for bail and has submitted that the applicant is having criminal history of not less than 33 criminal cases and the applicant has been found to have been involved multiple cases of theft and robbery. The details of which have been given as follows :
1. Case Crime No.1175/2017, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Naubasta, District-Kanpur Nagar.
2. Case Crime No.1176/2017, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Naubasta, District-Kanpur Nagar.
3. Case Crime No.347/2018, u/s 394, 411 I.P.C., P.S.-Naubasta, District- Kanpur Nagar.
11. Case Crime No.270/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Naubasta, District-Kanpur Nagar.
12. Case Crime No.137/2018, u/s 394, 411 I.P.C., P.S.-Naubasta, District- Kanpur Nagar.
13. Case Crime No.436/2018, u/s 392, 411 I.P.C., P.S.-Naubasta, District- Kanpur Nagar.
14. Case Crime No.362/2018, u/s 3/25 of Arms Act, P.S.-Naubasta, District-Kanpur Nagar.
15. Case Crime No.363/2018, u/s 4/25 of Arms Act, P.S.-Naubasta, District-Kanpur Nagar.
16. Case Crime No.365/2018, u/s 41, 411, 413, 414 I.P.C., P.S.-Naubasta, District-Kanpur Nagar.
17. Case Crime No.366/2018, u/s 41, 411, 413, 414 I.P.C., P.S.-Naubasta, District-Kanpur Nagar.
22. Case Crime No.567/2018, u/s 380, 411, 413, 414 I.P.C., P.S.-Chakeri, District-Kanpur Nagar.
23. Case Crime No.552/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Chakeri, District-Kanpur Nagar.
24. Case Crime No.375/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Chakeri, District-Kanpur Nagar.
25. Case Crime No.316/2018, u/s 380, 411, 413, 414 I.P.C., P.S.-Chakeri, District-Kanpur Nagar.
26. Case Crime No.517/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Chakeri, District-Kanpur Nagar.
27. Case Crime No.502/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Chakeri, District-Kanpur Nagar.
28. Case Crime No.604/2018, u/s 380, 411, 413, 414 I.P.C., P.S.-Chakeri, District-Kanpur Nagar.
29. Case Crime No.21/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Kidwai Nagar, District-Kanpur Nagar.
30. Case Crime No.85/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Kidwai Nagar, District-Kanpur Nagar.
31. Case Crime No.41/2018, u/s 380, 411, 413, 414 I.P.C., P.S.-Kidwai Nagar, District-Kanpur Nagar.
32. Case Crime No.171/2018, u/s 457, 380, 411, 413, 414 I.P.C., P.S.-
Vidhnu, District-Kanpur Nagar.
33. Case Crime No.378/2018, u/s 379, 411 I.P.C., P.S.-Barra, District- Kanpur Nagar.
Further submission is that the chequered history or the criminal antecedents of accused are sufficient to indicate that the accused is a habitual offender and in case he is released on bail, under the coercive influence of his criminality it will be difficult for the witnesses to depose independently without fear. It is further submitted that in all likelihood the release of the accused shall impair the prospects of a fair trial. It is next submitted that it is also very obvious that a person of this criminal background is also very likely to indulge himself in the activities which shall be detrimental to the society at large. Further submission is that the delinquents of such nature wield enormous criminal clout which in consequence very obviously affects a free trial. Therefore, in the facts and circumstances of the case, the accused should not be released on bail. Learned A.G.A. also relied upon the Apex Court decision Neeru Yadav vs. State of U.P. in Criminal Appeal No.1272 of 2015 decided on 29.9.2015 to emphasis upon the relevance of criminal history in matters of bail.
The perusal of aforesaid case law reveals that a very strict view against the accused on the point of bail has been adopted by the Hon'ble Supreme Court for the reason of his having a shady past blemished with criminal antecedents.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case and specially keeping in view the long criminal history of the applicant, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 21.12.2018 M. Kumar