Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13465 of 2021 Applicant :- Sher Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed by the applicant Sher Singh in Case Crime No. 84 of 2021, under sections 420, 414, 411, 413 I.P.C., P.S.- Khanpur, District - Bulandshahar.
The first information report has been lodged by S.H.O. Naresh Kumar Sharma in respect of incident dated 20.03.2021 with the allegation that when the police force was involved in patrolling and in search of offenders, they came to the Bio Diesel Petrol Pump of the accused, where A.S.I. Om Prakash was present and he told that near the petrol pump of the accused there is an enclosure of tin shade operated as go down, where the stolen vehicles are destroyed by cuttings and separating their parts. A rigorous search was made and three gas cylinders and cabin of truck, part of chichis and other parts were found. Registration certificate was also found which was kept in a packet. The accused was absconding from the recoveries made it was clear that it were the parts of the stolen vehicles, therefore, the first information report was lodged.
Submission of the learned counsel for the applicant is that in respect of theft of the vehicle, the accused-applicant has been already granted anticipatory bail by the order of the Bench of Haryana High Court and the order is annexed with the bail application at pages 36-36A. Further submission is that the applicant has been falsely implicated and the land on which go down was situated does not belong to the applicant. It has been submitted that considering the over all facts, the applicant should be given the benefit of anticipatory bail. It is further submitted that the applicant is prepared to furnish sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that a huge recovery has been made which supports the allegation against the accused-applicant and therefore, he cannot be given the benefit of anticipatory bail. It has also been submitted that the applicant has criminal history of two cases in his credit.
Considering the submissions of both the sides. Where, the allegation is that the accused-applicant is involved in cutting and destroying the parts of stolen vehicles and using the same for his own benefit by selling the same, the nature of the offence is not such in which anticipatory bail can be granted. Moreover, the accused-applicant has the option of forum of the regular bail.
It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. Even after a lapse of more than four months from the date of lodging the first information report, there is nothing on record that any serious efforts have been made by the police for the arrest of the applicant, hence, there is no threat of arrest of the accused. The applicant has not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
A direction is, however, given to the court below that in case, applicants surrender and give bail application, the same shall be considered and disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 12.8.2021 sailesh