Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30513 of 2019 Applicant :- Rashid Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.S. Yadav, learned counsel for the applicant, Sri G.P. Singh, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is said to have fleen from the place of occurrence and no recovery has been made at the pointing out of the applicant or from his possession. The co-accused persons who were arrested from the spot have been granted bail by the competent Court.
Learned A.G.A. have vehemently opposed the prayer for bail and submitted that the place from where the illegal arms were recovered, belong to the applicant. The co-accused persons who were arrested from the spot have identified the applicant.
Taking into account that the premises in which factory was being run belong to the applicant and without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant Rashid involved in Case Crime No.279 of 2019, u/s 3/5/25 Arms Act, P.S. Kotwali Gursahaiganj, district Kannauj.
Accordingly, the anticipatory bail application is rejected.
However, the applicant is at liberty to move bail application u/s 439 Cr.P.C., if so advised.
Order Date :- 30.7.2019 Gaurav