Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19818 of 2021 Applicant :- Sarvesh Kumar Mishra Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Abrar Ahmad Siddiqui 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, Sarvesh Kumar Mishra with a prayer to release them on bail in Case Crime no. 321 of 2021, under Sections 420, 467, 468 and 471 I.P.C., P.S. Puramufti, district-Allahabad.
The first information report was lodged by the complainant, who was Sub- Inspector of police against four persons, including present accused, alleging therein that he received an information from police informer that a fourteen tyres truck bearing no. UP-70 GT1522 was standing near Bajaj dhaba. Acting on the tip off, police reached at the spot, where the aforesaid truck was parked. After seeing the police party, two persons tried to escaped but they were arrested by the police. They told the police that this truck, which is in the name Irfan Ahmad and the present accused is said to be driver of Irfan Ahmad. They also told that Irfan Ahmad and Sarvesh Mishra are the partners and they used to run some other trucks by fabricating false number plates.
Learned counsel for the applicants contended that the applicant was the owner of the truck and he had sold the truck to one Mohd. Ashad on 4.6.2019 and the present accused had no connection with the said truck. He next submits that applicant is absolutely innocent and has been falsely implicated in the present case only just to tarnish his image and to injure his reputation in the society. 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 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 truck was in the name of Irfan Ahmad and this was being done only to defraud the creditor by the present accused, so that they could not be able to catch the truck.
Without expressing any opinion on the merits of the case and considering the submission advanced by learned counsel for the applicants, considering the nature of accusation; possibility of the applicant to flee from justice; where the accusation has not been made with the object of injuring or humiliating the applicant by having him so arrested, this Court finds no good ground for grant of anticipatory bail to the applicant.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 20.12.2021/Faridul