Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16127 of 2021 Applicant :- Pradeep Nishad @ Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Present application has been filed by the applicant, namely, Pradeep Nishad @ Pradeep. invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehends his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 139 of 2021, under Sections 41, 411, 413 IPC., Police Station Industrial Area, District Allahabad.
As per the allegations made in the FIR, it is alleged that on 09.07.2021, on the basis of information given by the informer, the police reached at the place of the incident i.e. near the Maya Devi Smarak School and apprehended three persons, whereas four persons are said to have made their escape good taking advantage of the geographical conditions and darkness. On interrogation, arrested accused persons disclosed the name of the persons, who have made their escape good and the applicant being one of them. From the possession of the arrested accused persons, monitor screen, monitor stand, key board wire, power cable, white colour split AC, crude bombs and number of other articles have been recovered. On further interrogation about the persons, who have made their escape good, it was revealed that they together had stolen the said articles from the Maya Devi Smarak School and stated that they are also actively involved in the present incident.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Per contra, learned AGA has vehemently opposed the prayer for anticipatory bail.
In view of the aforesaid facts and looking to the nature, gravity and seriousness of the accusations and complicity of the applicant and societal impact, I do not find it is a fit case for grant of anticipatory bail, the anticipatory bail application is hereby rejected. However, the applicant, if may apply for regular bail before the concerned court, the same be decided in accordance with law on its own merit without being influenced by this order.
Order Date :- 7.10.2021 Nadim