The applicant sought anticipatory bail in an IPC case regarding wood procurement and seizure. The court found no material linking the applicant to the crime, noting a timeline discrepancy in purchase documents versus seizure date. Consequently, the application was rejected.
The prayer for anticipatory bail is refused; the application is rejected.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 499 of 2020
Applicant :- Naved Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Ashish Malhotra, the learned Brief Holder for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 268 of 2019, under Sections 379, 411, 413 I.P.C., Police Station Bhot, District- Rampur.
Presently, the Court finds no material placed on the record to establish the manner in which 25 quintal of wood was procured. Although, learned counsel for the applicant refers to a purchase document issued by the authority in the State of Uttarakhand, the Court notes that the same refers to purchases made in September 2019 whereas the seizure was made at the border of Uttarakhand and U.P. in November 2019.
The prayer so made is consequently refused.
The Application is consequently rejected .
Order Date :- 13.1.2020 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail given the lack of material establishing the procurement of the seized wood.
2 provisions across 2 enactments
Naved
Yashwant Varma
As recorded by the court registry
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