Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17561 of 2021 Applicant :- Sanjay Shukla @ Suresh Chandra Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicant, Sanjay Shukla @ Suresh Chandra Shukla with a prayer to release him on bail in Case Crime no. 529 of 2020, under Sections 379, 411 I.P.C., P.S. Tharwai, District - Prayagraj.
The allegation in the First Information Report is that the present applicant was seen cutting the valuable teak trees in the college campus. The principal of the college received information that some unknown persons were cutting the valuable teak trees and he went to the college. One of the accused persons, namely, Kamal Kumar was arrested on the spot and the present accused ran away.
Learned counsel for the applicant contends that the present applicant has been falsely implicated in this case as there is no specific role assigned to the present applicant. There is general allegation in the First Information Report. Investigation in this case is going on and no charge sheet has been filed in this matter so far. He lastly submits that that there is no criminal history against the applicant, hence he is entitled to be enlarged on anticipatory bail. The applicant has a definite apprehension that he may be arrested by the police any time.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail and submitted that the applicant is named in the FIR along with other accused persons. The present accused has run away from the spot and other co-accused was arrested while cutting the teak trees along with this accused and unknown person. Prima facie, the complicity of the applicant in the alleged offence of cutting trees appears true and as such, the applicant does not deserve anticipatory bail.
Without expressing any opinion on the merits of the case and considering the submissions advanced by learned counsel for the applicant, considering the nature of accusations, considering the gravity of offence, this Court finds that the FIR has not been lodged with the object of injuring or humiliating the applicant by having him so arrested. No good ground for grant of anticipatory bail to the applicant has been made out.
Accordingly, the anticipatory bail application is rejected. Order Date :- 16.12.2021 LBY