Anuj Kumar @ Golu @ Piyush v. State of U.P.
Case brief
What is this about?
The court heard an application seeking anticipatory bail in a theft case. The defense argued lack of FIR naming and weak evidence. The prosecution urged custodial interrogation. The court rejected the application, finding no grounds for anticipatory bail but reserving final judgment for the trial court.
What the court decided
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 422 of 2023
Applicant :- Anuj Kumar @ Golu @ Piyush Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Sharma,Vibhor Arora Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
- Heard Sri Vibhor Arora, learned counsel for the applicant, Sri Chhavi Pal Singh, learned AGA for the State and perused the papers on record.
- The present application has been moved on behalf of the applicant- Anuj Kumar @ Golu @ Piyush seeking anticipatory bail in Case Crime no. 0080 of 2022, under Section 392 I.P.C., Police Station Jigna, District Mirzapur.
- As per prosecution case, the applicant was found involved in theft of a truck belonging to the first informant-Akil Ahmad; it is alleged in the FIR that the owner of the truck sent some 'cement sheet' at about 8:30 pm on 29.05.2022 to be delivered to Maharajganj Bhadohi via Mirzapur; after sometime, the location of the truck was not traceable and driver's mobile was also switched off; during investigation the statement of the driver of the truck-Dinesh Kumar Yadav was recorded and he stated that he was stopped on the road by certain persons, who came in a Bolero and they looted the truck, and escaped; during further investigation the name of the present applicant was revealed as having participated in this incident of robbery.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant under Section 438 Cr.P.C. in the allegations of theft of a truck.
Parties & counsel
- applicant
Anuj Kumar @ Golu @ Piyush
- respondent
State of U.P.
Coram
Jyotsna Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- ABAIL/422/2023
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