Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51218 of 2019 Applicant :- Harishankar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhir Man Misra,Ashish Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely, Harishankar in the event of his arrest in Case Crime No.1009 of 2019, under Section 406 I.P.C., P.S. Kotwali Nagar, District Etah.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It appears that Mahindra pickup vehicle loaded with 67 packets of garlic having weight of 34 quintals has been stolen away or dishonestly taken away or misappropriated. It is said that the applicant who is the driver of the said vehicle, had taken the vehicle to his house from where it became traceless. The vehicle and the goods are still unrecovered. In a matter like this where the nature of offences is such as has been described, in the considered opinion of this Court, the effective interrogation by the police was needed and this Court does not want to put a spanner in the investigation which must be allowed to be done fairly in accordance with law and have its full swing. No good ground for grant of anticipatory bail is made out in favour of the applicant .
Accordingly, the prayer for anticipatory bail 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 :- 26.11.2019 CPP/-