Court No. - 45
Case :- APPLICATION U/S 482 No. - 34339 of 2018 Applicant :- Mahesh Chand Mangal Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Balbeer Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The submission is that the order dated 05.09.2018 passed by special C.J.M, Agra on the application for release of the truck of the applicant has been passed on the basis of the police report dated 01.09.2018.
A perusal of the report shows that there is no mention therein that the owner of the vehicle is wanted in the case. The report shows that the name and address of the driver of the vehicle is not known and therefore the truck cannot be released in favour of the vehicle owner on the apprehension that he will run away with the truck and will not be traceable.
It has been submitted that the applicant is not wanted in the case and therefore the ground whereon the release application has been rejected by the learned court below is ill-founded.
Learned A.G.A. has submitted that the order of the court below is justified and the applicant ought to have obtained bail.
However perusal of the order shows that it is not in consonance with the police report and the findings recorded therein are perverse.
In view of the above order dated 05.09.2018 passed by the Special C.J.M., Agra in Case Crime No. 277 of 2018 is hereby quashed.
The court below is directed to fresh order in accordance with law after considering the reply, if any, of the applicant also. This exercise shall be completed within a period of 15 days from the date of production of the certified copy of this order.
Order Date :- 29.10.2018 Rohit