Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37980 of 2019 Applicant :- Balwinder Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
The present anticipatory bail application has been filed by the applicant in Case Crime No. 37 of 2019, under Sections 419, 420, 467, 468, 471 IPC, and 63/72 Excise Act, Police Station Kaptanganj, District Basti with the prayer to grant anticipatory bail to the applicant.
I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.
Learned counsel for the applicant has argued that the applicant was not arrested on the spot and the Truck laden of huge quantity of illicit liquor was intercepted by the police and the driver fled away from the place of incident. On being checked it was found that the Truck belongs to the applicant. Learned counsel has argued that infact he has given his truck on rent to other person; in this behalf an agreement has also been appended.
Learned AGA has opposed the prayer for anticipatory bail with the contention that the applicant is habitual offender and has been involved in two other cases of similar nature of dealing with spurious liquor u/s 60/72 of Excise Act and other Sections and looking to the gravity of offence, no case for grant indulgence is made out.
After hearing learned counsel for the parties and after perusing the impugned FIR and also looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment and the submission as advanced by the learned AGA, no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 26.9.2019 Dhirendra/