Application for anticipatory bail under CrPC 438 rejected because the applicant had not been arrested in 16 months, indicating no threat of arrest. Delay in investigation due to non-cooperation.
Application rejected; applicant directed to approach appropriate forum for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13039 of 2021
Applicant :- Mohammad Iliyas Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicant Mohammad Iliyas in Case Crime No. 98 of 2020, under Sections 457, 380, 411 I.P.C., P.S.- Hafizganj, District - Bareilly.
Submission of the learned counsel for the applicant is that F.I.R. was lodged on 14.03.2020 in respect of incident dated 13.03.2020 with the allegation that co-accused Mohammad Irshad was given loan by Panjab National Bank of Rs. 70 lakhs which he could not repay, therefore, the mortgaged property was seized and at that time, there were two hundred bags of rice inside the Mill, later on, the applicant and other accused persons committed theft and took away the bags of rice and therefore, the F.I.R. was lodged.
Submission of the learned counsel is that the accused persons from whom the stolen bags of rice was recovered were arrested and after investigation charge-sheet has been submitted against four persons. Submission of the learned counsel is that there was no question of committing theft by the applicant in the Mill. He has been falsely implicated in this case only on the basis that applicant is the real brother of co-accused Mohammad Irshad who is the owner of mill and on the basis of false F.I.R. police is regularly trying to arrest him. Further submission is that applicant has been falsely implicated because of enmity, therefore prima facie case for anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that only because the accused applicant could not be arrested, the investigation is still continuing against him,
otherwise against four persons charge-sheet has already been submitted, this shows that the applicant is not cooperating in the investigation process and is any how delaying the whole process so that the case may not meet the fruitful end.
Heard the submission of learned counsel of both the sides, considering the fact that the F.I.R. has been lodged against the applicant and from the record it appears that even though the F.I.R. was lodged in March, 2020 after the lapse of almost 16 months the applicant has not been arrested this shows that any how he has managed himself so that he may not be arrested. If the applicant has not been arrested in the last 16 months, there does not remain any more threat of his arrest. Only because of his absence and non cooperation in the investigating process the conclusion of investigation is being delayed. Because he is named in the F.I.R. and specific allegation against him has been made of committing theft, there does not appear that there is likelihood of his arrest in relation to a false F.I.R. In such circumstances of the case, I do not find a prima facie case of anticipatory bail and therefore, the application is liable to be rejected.
Hence, the anticipatory bail application is rejected.
The applicant may approach before the appropriate forum for regular bail.
Order Date :- 16.7.2021 Bhanu
1 issue framed by the court
Whether a prima facie case for anticipatory bail is made out given the applicant's non-arrest for 16 months and lack of likelihood of arrest.
Mohammad Iliyas
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
