Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5235 of 2021 Applicant :- Yogesh Kumar Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Ranjan Mishra,Gopal Swarup Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A.,Anuruddh Chaturvedi,Prabhakar Awasthi,Prashant Kumar Singh
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard Shri G.S. Chaurvedi, learned Senior Counsel assisted by Shri Alok Ranjan Mishra, learned counsel for the applicant, Shri Prabhakar Awasthi, learned counsel for the informant and learned A.G.A. for State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicant, Yogesh Kumar Tiwari, with a prayer to release him on bail in Case Crime No.659 of 2020, under Sections- 419,420,467,468,471,506 IPC, Police Station-
Jhunsi, District- Prayagraj, during pendency of trial.
There is allegation against the applicant that he got ostensible sale deeds executed from informant on the promise of business but he has got his name mutated in the land record on the basis of aforesaid sale deeds. It was agreed that these sale deeds are being executed for the purpose of business partnership.It is further alleged that applicant is a member of gang which is operating in several districts and number of cases have been registered against him.Applicant has cheated number of innocent persons and grabbed their properties.
Learned Senior Counsel for the applicant has submitted that applicant has been falsely implicated in this case.The sale deeds in dispute were executed for valuable consideration and were genuine.The criminal history of 45 cases of the applicant has been explained in the affidavit in support of the anticipatory bail application.In all the cases he has been falsely implicated.
Learned counsel for the informant has vehemently opposed the bail application of the applicant and he has submitted that the applicant has criminal history of 80 cases.He is habitual of committing offences of cheating, attempt to murder, grabbing of public land, dishonour of cheque etc.,which is clear from the long criminal history of the applicant.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
In view of the above facts and circumstances of the case and long criminal history of the applicant, he does not deserves to be granted anticipatory bail.
The anticipatory bail application is accordingly, rejected.
Order Date :- 24.5.2021 Atul kr. sri.