Jagdish v. State of U.P.
Case brief
What is this about?
Anticipatory bail application rejected. The High Court held that the applicant failed to cooperate with the investigation after the registration of the F.I.R. and indulged in black marketing, which warranted refusal of anticipatory bail at that stage.
What did the court decide?
Application for anticipatory bail rejected.
What the court decided
A compact analysis
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.
Neutral Citation No. - 2023:AHC:128190
Court No. - 48
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6936 of 2023
Applicant :- Jagdish Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Srivastava,Priyanka Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- The instant anticipatory bail application has been filed on behalf of the applicant, Jagdish, with a prayer to release him on anticipatory bail in Case Crime No.168 of 2020, under Sections 420, 406, 120B I.P.C. and 3/7 Essential Commodities Act registered at Police Station Tappal, District Aligarh, during the pendency of the trial.
- In brief, the prosecution case is that the former fair price shop dealer Rajendra Singh and his brother, who had been assisting him in the distribution of grains, and one Ashok Kumar embezzled in the distribution of wheat and rice by adopting illegal practices.
- Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motives. He further submits that the fair price shop is situated at his native village, and the applicant resides at Aligarh, therefore, the applicant is not involved in the present case. He further submits that there are no allegation of black marketing of ration against the applicant; instead, the main allegation of embezzlement of 72 quintals of wheat and 49 quintals of rice are levelled against the brothers of applicant Rajendra and Ashok Kumar, who reside in the village. He further submits that the applicant has apprehension of his arrest by the police. The applicant has no criminal antecedents to his credit. If the applicant is released on anticipatory bail, he will not misuse his liberty and will cooperate in the trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to release on anticipatory bail in a case alleging embezzlement of ration and black marketing.
Whether the applicant's non-cooperation with the investigation is a bar to granting anticipatory bail.
Parties & counsel
- applicant
Jagdish
Coram
Vinod Diwakar
Anil K Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- ABAIL/6936/2023
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