The single judge rejected the anticipatory bail application of Deepak in a theft case. The court held that the applicant's criminal antecedents and the lack of merit in the bail claim warranted dismissal, noting that further grounds could be raised during regular bail proceedings.
The anticipatory bail application is dismissed.
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. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9805 of 2021
Applicant :- Deepak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Tomar,Inder Pal Singh Tomar
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 559 of 2020, under Section - 379 I.P.C., Police Station - Pilkhuwa, District - Hapur, during the pendency of trial.
Contention in brief is that in this case, merely on account of criminal background, the police has falsely implicated the applicant in this case. In fact nothing incriminating has been recovered from the possession of the applicant nor is the same proved in accordance with law and the rules. The recovery is falsely imputed against the applicant. Initially, the case was registered under Section – 379 I.P.C. and the applicant was not named in the F.I.R.
At this stage, learned A.G.A. has brought to the notice of this Court that the applicant has a history of a number of criminal cases running from way back 2015 and he is habitual offender and in case any protection is given to him, the applicant is going to indulge in commission of the same crime again.
I have considered the entirety of this case and also the criminal antecedents of the applicant as well as the merit of this case.
At this stage, no good ground is made out for interfering with the case, for the reason that the contention raised here needs be established in accordance with law and that can be done only when the applicant seeks regular bail by moving appropriate bail application before the court concerned.
Considering that aspect also this anticipatory bail application lacks merit and the same is dismissed, at this juncture.
The observation made shall be confined to the disposal of this
anticipatory bail application alone and shall not travel beyond that.
Order Date :- 14.7.2021 S Rawat
2 issues framed by the court
Whether anticipatory bail should be granted to an applicant accused of theft given his criminal antecedents.
Whether the allegations of false implication and lack of recovery justify granting anticipatory bail at this stage.
1 provisions across 1 enactments
Deepak
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
