The High Court rejected an anticipatory bail application filed by Manoj in a case alleging the cutting of three neem trees, citing the gravity of the accusation and the possibility of the accused fleeing from justice.
Anticipatory bail application rejected; applicant not entitled to release on anticipatory bail.
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Court No. - 2
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 851 of 2020
Applicant :- Manoj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Ram Bahadur Singh, learned counsel for the applicant, as well as, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0218 of 2019, under sections 4/10/3/28 of Indian Forest Act, 1927, Police Station Barahan, District Agra, during the pendency of investigation.
Allegation against the applicant is that he had cut three neem trees standing on chak road.
On the other hand, learned A.G.A has opposed the prayer for anticipatory bail.
Looking to the seriousness of the case and the fact that the accused-applicant is the main accused, there is no reason why the said version given by the informant in the FIR, be not believed. Taking into consideration the gravity of accusation, and there being possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is not entitled to be released on anticipatory bail in this case.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 29.1.2020 K.K. Maurya
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case alleging cutting of forest trees.
Whether the gravity of the accusation and possibility of fleeing justify denial of bail.
Whether the informant's version in the FIR warrants belief given the seriousness of the case.
1 provisions across 1 enactments
Manoj
State of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
