Sharda Singh v. State of U.P. and Another
Case brief
What is this about?
Criminal court rejected applicant's anticipatory bail application in a sand mining case due to seriousness of allegations and gravity of the offence despite arguments about lack of false implication and availability of JCB.
What did the court decide?
Application for anticipatory bail under Sections 307, 323, 353, 379, 411 IPC was rejected.
What the court decided
A compact analysis
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52307 of 2019
Applicant :- Sharda Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Rajpoot Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
The present anticipatory bail application has been filed by the applicant in Case Crime No. 913 of 2019, under Sections 307, 323, 353, 379, 411 IPC, 4/21 Khan and Khanij Act, 1957 and 3/57/7 Uttar Pradesh Unkhnij (Parihar) Niyamawali, 1963, P.S. Meja, District Prayagraj with the prayer to grant anticipatory bail to the applicant.
I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.
Having heard learned counsel for the applicant and from the averment made in the affidavit and of the F.I.R. of Crime no. 913 of 2019 it appears that the applicant is involved in illegal mining of sand and belongs to sand Mafia, there was no reason for false implication by the police; the JCB, which was being used for illegal mining of sand without any license belongs to the applicant as pointed by learned AGA; the applicant may be required for custodial interrogation during investigation in order to collect evidence regarding his involvement in the crime. I may record that on account of illegal mining of sand not only there is immense loss of State exchequer but it also disturb economical balance.
Issues for consideration
2 issues framed by the court
Whether an order rejecting anticipatory bail application in illegal sand mining case requires any indulgence given the gravity of allegations.
Whether need for custodial interrogation outweighs potential severity of punishment and loss to State exchequer.
Parties & counsel
- applicant
Sharda Singh
- respondent
State of U.P.
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/52307/2019
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