Subash v. State of U.P.

Neutral Citation No. - 2023:AHC:225143

Court No. - 72

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11232 of 2023

Applicant :- Subash Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

1. List has been revised.

1. Heard Sri Arun Kumar Sharma, Advocate learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.

1. The present anticipatory bail application has been filed on behalf of the applicant in Case No. 5235 of 2012, registered under Sections 395, 452, 436, 323, 427 I.P.C. at Police StationJansha, District- Varanasi with a prayer to enlarge him on anticipatory bail.

1. As per prosecution story, the applicant alongwith four other co-accused persons is stated to have committed dacoity in the house of the informant and robbed Rs.60,000/- and ornaments from his house on 3.4.2007 at about 07:00 p.m.

1. Learned counsel for the applicant has stated that he has been falsely implicated in this case. There is overwriting in the date of offence as the month has been changed from 3.3.2007 to 3.4.2007. Learned counsel has stated that closure report was filed in the present matter, but on the basis of protest petition the case was treated as complaint case and the applicant and other co-accused persons have been summoned vide order dated 7.4.2010 by the Trial Magistrate. Learned counsel has further stated that the applicant is serving in CRPF and was appointed in the year 2007 itself. The instant FIR has just been instituted out of vengeance to dissuade the applicant from getting the said job.