Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17136 of 2021 Applicant :- Brijesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Aman Arya,Mayank Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Aman Arya, learned counsel for the applicant, Sri Pankaj Mishra learned Brief Holder appearing for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Brijesh Kumar, seeking anticipatory bail, in the event of arrest in Case Crime No. 69 of 2021, under Sections 379, 307, 353 I.P.C., Sections 3, 57, 7 U.P. Minor Minor Minerals (Concession) Rules 1963, under Sections 4/21 Mines and Minerals (Development and Regulation) Act, 1957 and under Sections 3, 4 Prevention of Damage to Public Property Act, 1984, Police Station- Kotwali Duddhi, District Sonbhadra.
The prosecution case as per the F.I.R. lodged on 14.7.2021 at about 18:10 hours by Vimlesh Kumar, is that the first informant and other Government Officials on an information of police informer regarding illegal mining and a tractor being loaded with illegal sand, stopped it and proceeded to enquire regarding it. In the meantime, the applicant who is the owner of the tractor with his friend Pawan Kesari indulged in quarrel with the raiding team. The first informant informed about it to the Tehsildar and also to the police on Dial 112, on which it was directed that the tractor be taken to the police station, after which the applicant who is the owner and driver of the tractor, drove it towards the persons of the raiding team. He tried to crush them by tractor. They somehow escaped from the scene. The incident has also been video-graphed by the first informant.
Learned counsel for the applicant has placed para-09 and 11 of the affidavit in support of the anticipatory bail application and has argued that on an earlier occasion the tractor of the father of the applicant was subjected to inspection by a Revenue Team on 10.3.2020, after which the same was seized and taken into custody by the first informant of the present case. Later on, the District Magistrate vide order dated 17.6.2021 passed an order for release of the said tractor after depositing of some amount.
When persons went for the release of the said tractor they found certain parts of tractor missing and thus made an oral complaint to the Tehsildar concerned, on which the Tehsildar raised certain queries to the Lekhpal who is the first informant of the present case and as such he was annoyed with the applicant and the present F.I.R. has been lodged with malafide intentions. The applicant has no other reported criminal antecedent as stated in para-13 of the affidavit.
Per contra, learned State counsel opposed the prayer for anticipatory bail and argued that the present matter relates to illegal mining. The tractor of the applicant which was being driven by him, was found to be loaded with illegal minerals. There is allegation of the applicant driving the tractor towards the raiding team, while they were enquiring about the loaded articles to crush them. The incident has also been video-graphed by the first informant.
After having heard learned counsels for the parties and perusing the material on record, it is evident that the applicant is named in the F.I.R. and there are allegations serious in nature against him.
Accordingly, the present anticipatory bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 23.10.2021 Naresh