Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14924 of 2021 Applicant :- Naved Aalam Opposite Party :- State of U.P.
Counsel for Applicant :- Shad Khan,Mumtaz Ali Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant -Naved Aalam in Case Crime No. 954 of 2020, under sections 379 & 411 I.P.C., P.S.- Sikandraad, District - Bulandshahr.
Submission of learned counsel for the applicant is that a Honda City Car was stolen and FIR was lodged against unknown persons. Subsequently, the Honda City car was recovered from the possession of the co-accused who disclosed the name of the present applicant. It has further been submitted that the applicant has been falsely implicated in this case, there is no evidence against him and there is also no criminal history against the applicant. As such he has been entitled for the benefit of anticipatory bail.
Learned AGA has opposed the prayer for anticipatory bail application.
Considered the submission advanced by learned counsel for both the sides.
I am of the view that this is a theft of Honda City car and the car has been recovered. The ground which has been taken in the anticipatory bail application may be good ground for consideration of regular bail application but for an anticipatory bail application something more is required. The anticipatory bail application is required to show an extraordinary reason. But what to say about extraordinary reason, the learned counsel has submitted that the co-accused from whom the recovery of the Honda City car was made, he has been released on regular bail by the court below. It appears that the FIR has been lodged on 15.12.2020 and after nine months there is nothing on record to show that any serious effort has been made to arrest the applicant. As such, on both counts the application for anticipatory bail fails. The anticipatory bail application is, therefore, rejected.
A direction is, however, given to the court below that in case applicant surrenders and gives regular bail application, the same shall be disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 24.9.2021 Ankita