The court considered an anticipatory bail application under CrPC 438 in a dacoity case involving armed robbery of iron rods. The accused was found in the truck with recovered loot and made a confessional statement. The application was rejected due to the serious nature of the charge and the evidence against the applicant.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13366 of 2021
Applicant :- Jayveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant Jayveer Singh in Case Crime No. 47 of 2021, under sections 395, 412 I.P.C., P.S. Sahpau, District Hathras.
The first information report was lodged by the informant against unknown persons with the allegation that in his truck sariya (iron rod) was loaded from in Aligarh and the driver was checking the truck to Farrukhabad and on the way in Aligarh the said sariya was looted by them. The informant reached there, he found the driver inside the truck and sariya was already looted. Subsequently, the police party was on patrolling duty on the basis of information received by the police informer a truck which was coming from the side of Manikpur was intercepted whereupon a person sitting on the truck ran away and because there was a forest, he was not caught. Two other persons were sitting in the cabin of the truck and and on search illegal country made pistol was recovered from the cabin of the truck and sariya was found to be loaded on the truck. Two persons disclosed their names to be Jayveer Singh (applicant) and Ankit Upadhyay and they made confessional statement that all the five persons overpowered the truck driver tide him and looted sariya in Aligarh. They were going to sale the said looted sariya.
Submission of the learned counsel for the applicant is that the FIR was lodged against unknown persons and there is no direct evidence against the applicant. It has been further submitted that there is only confessional statement and no such recovery was made and the applicant has been falsely implicated, therefore, the it is a fit case for anticipatory bail. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayer of bail and has submitted that the looted sariya was recovered and the applicant was found in possession of the said sariya, therefore, it is not a fit case for anticipatory bail.
Considered the submissions of both the sides. Accusation against the applicant appears to be very serious as it is a case of dacoity in which the applicant and other persons looted the truck and took away sariya looted there on and the looted sariya was recovered from the truck and the applicant was found in the same truck, who made confessional statement. Therefore, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected .
Order Date :- 24.9.2021 Mini
1 issue framed by the court
Whether the antifictitious bail application of the accused in the case of dacoity is acceptable.
Jayveer Singh
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
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