Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41862 of 2018 Applicant :- Prashant Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Bed Kant Mishra,Ashwani Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard the learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record, Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. It has been claimed on behalf of the applicant that in this case driver in question might have committed the mischief for which the applicant cannot be held responsible. The co-accused driver has also been admitted to bail. The applicant does not bear any criminal history and is languishing in jail since 27.9.2018.
Learned A.G.A. has vehemently opposed the prayer of bail and submitted that in this case driver in question belongs to the applicant and wrong plate number and with forged papers the truck is being used for transportation which is a fraudulent act on the part of the owner of the truck. The goods carried by this truck are misplaced and misappropriated by the applicant. The applicant is admittedly the owner of the truck in question, which was being used with wrong number plate. The report from the ARTO was called and on the basis of details furnished chassis and engine number inscribed tells story that the truck was belonging to the applicant.
After hearing the submission raised by learned counsel for the applicant and the reply by the learned A.G.A. and upon perusal of the various documents annexed with the present bail application and also looking to the seriousness of the allegation made in the FIR and considering the merit,no good ground is made out for bail.
Accordingly, this bail application is rejected.
Order Date :- 31.10.2018 N.A.