Mohd Abbash v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2641 of 2023 Applicant :- Mohd Abbash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sumit Kumar Srivastava, learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and perused the record.

¶2The instant bail application has been filed seeking anticipatory bail in case crime No. 784 of 2022, under Sections 379, 411, 413, 414, 120-B I.P.C, registered at Police Station Kotwali Nagar, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of a F.I.R. lodged

16.08.2022 against eight persons, not including the applicant, alleging that the informant's truck driver Mohd. Abbash (the applicant) had parked his truck at a petrol pump and had gone home and when he reached the petrol pump on the following day at about 12 noon, the truck was not there. A G.P.S. device was installed in the truck and with the help thereof the truck was located near Bhupia Mau Bridge and upon reaching there,it was found that the accused persons had dis mental the truck.

¶4The applicant is not named in the F.I.R and he has been implicated on the basis of custodial statement of a co-accused person. Seven co-accused persons have already been granted bail in the present case.

¶5Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts do not warrant discretion of this Court by granting pre arrest bail to the applicant.

¶6The application stands rejected accordingly. However, in case the applicant files an application for grant of bail, the same shall be considered and decided on its merits, without being influenced by any observations made in this order. (Subhash Vidyarthi,J.) Order Date :- 17.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench