Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8501 of 2021 Applicant :- Kuldeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Swetashwa Agarwal,Irfan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of applicant-Kuldeep Singh in the event of his arrest in Case Crime No.0057 of 2021, under Sections 379, 411 IPC & Section 2, 3 (2)(e) of Prevention of Damage to Public Property Act, Police Station Kairana, District-Shamli.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has committed no offence. It is further submitted that the name of applicant came into light during investigation on the confessional statement of driver of vehicle which is not admissible in evidence under Section 26 of Indian Evidence Act. He further submitted that the applicant is only the mines owner and he cannot be prosecuted in the aforesaid offence. No offence against the applicant is made out. He further submits that the applicant has made a complaint against S.H.O. Kairana due to which police roped the applicant in the present case. All the offence is punishable up to five years. He further submits that if the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co-operate with the investigation.
Learned AGA for the State vehemently opposed the submissions made by learned counsel for the applicant and submitted that there is criminal history of two cases which have been registered earlier against the applicant except the present case. Hence, the applicant is not entitled to released on anticipatory bail.
Having regard to the submissions made, nature of accusation against the applicant and there being criminal history of two cases against the applicant, I do not see any good ground to release the applicant on anticipatory bail.
Accordingly, the anticipatory bail application is rejected.
However, it is provided that if the applicant surrenders and moves bail application before the court concerned, the same shall be heard and decided expeditiously in accordance with law.
Order Date :- 5.4.2021 Manoj