Naveen v. State of U.P.

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10070 of 2021

Applicant :- Naveen Opposite Party :- State of U.P. Counsel for Applicant :- S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 362 of 2020, under Sections 379, 411 IPC and Section 2/3 of Prevention of Damage to Public Property Act, 1984, P.S. Sarsawa, District Saharanpur, with the prayer that in the event of arrest, applicant may be released on bail.

It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. According to the prosecution version, two trucks containing mineral (rodi) were intercepted by the police but driver of the same ran away and it was alleged that in one of the truck there was invoice of Hemkunt Stone Crusher, Devdhar Yamunanagar. Learned counsel submitted that applicant has not indulged in any illegal mining. The applicant has been falsely implicated in this case merely because he is proprietor of said Hemkunt Stone Crusher. Referring to facts of the matter, it was submitted that there is no credible evidence against the applicant. The applicant