1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the record.
2. The present application has been filed by the accused-applicant seeking bail in FIR No.501 of 2020, under Sections 379, 411, 413, 414, 419, 420, 467, 468, 471, 484 and 120-B IPC, Police Station Gomti Nagar, District Lucknow.
3. A large number of stolen cars were recovered, which were parked in different parking areas in Lucknow. After reregistration of the FIR, 62 more stolen vehicles were recovered. Registration numbers and chassis numbers of the vehicles along with their engine numbers and make have been given in the FIR. Previously name of the accused-applicant was not mentioned in the FIR. However, during the course of the investigation, accused-applicant's name has been surfaced as one of the key accused/gang member, who has been indulging in lifting the cars and after changing the numbers etc. of the damaged/scrapped vehicles, is selling these cars.
4. Learned counsel for the accused-applicant submits that the accused-applicant is in the business of sale and purchase of used vehicles for the last 37 years. He runs his business in the name and style of "M/s Car Exchange". The accused-applicant maintains the register in respect of purchase and sale of the vehicles through his firm and he has not been dealing with purchasing of total loss vehicles from the Insurance Company. He further submits that the accused-applicant has not involved in any manner in respect of sale and purchase of stolen vehicles. Accused-applicant was piked up on 18.6.2020, but his arrest has been shown to be on 21.6.2020. He also submits that police in order to protect their own accomplices, is framing innocent persons like accused-applicant in false and bogus cases. Out of 10 stolen vehicles allegedly recovered form the accused-applicant, seven vehicles were sold and purchased by the accused-applicant absolutely in accordance with law. He, therefore, submits that accused-applicant is an innocent person, who has been falsely implicated, hence he is entitled to be enlarged on bail.
5. On the other hand, Sri Ashwani Kumar Singh, learned AGA has submitted that it is an international gang involved in the commission of the offence. This gang is operating not only in Lucknow and nearby districts but it is operating in the whole country and many stolen vehicles are sent outside the country like Nepal etc. He further submits that the police has recovered 112 stolen vehicles including luxurious cars so far. He further submits that many stolen vehicles are even used in anti national and terrorist activities. It has further been submitted that 10 stolen vehicles were recovered from the accused-applicant. The accused-applicant belongs to a gang, which is operating not only from Lucknow, but also from nearby districts. This gang would purchase the total loss vehicles from the Insurance Company and would transfer the registration number, engine number and chesis number etc. in the stolen vehicles and prepare the forged and fabricated documents. From this gang, four wheeler vehicles, such as Innova, Fortuner, Honda City, Innova Crysta, Hyundai, BMW etc. have been recovered and chesis number, engine number and registration number of these vehicles were changed in this manner. Besides 10 stolen vehicles, keys of nine other vehicles were also recovered from the accused-applicant. He, therefore, submits that looking at the heinousness of the offence committed by the accused-applicant and he being a key member of the gang involved in commission of the offence in stealing large number of vehicles, it is not an appropriate case where the accused-applicant should be enlarged on bail.
6. The menace of lifting vehicles is prevalent in the whole country. It may be true that many stolen vehicles are used in committing serious and heinous offences including terrorist and anti national activities. From perusal of the FIR itself, it is clear that 112 stolen vehicles have been recovered. The stolen vehicles recovered are of every make including luxurious vehicles. Accused-applicant's name and, his involvement in the commission of the offence is found as a key accused during the investigation, as such there is sufficient evidence available against him in the case diary. I, therefore, do not think it to be a fit case to enlarge the accused applicant on bail. Apart from it, bail applications of similar co-accused have been rejected by this Court vide orders dated 12.1.2021 and 25.1.2021.
7. This bail application is, thus rejected.
Order Date :- 9.2.2021 Rao/-