Shubham vs State Of U.P.
2019 Latest Caselaw 6550 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30217 of 2019
 
Applicant :- Shubham
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pradeep Kumar Singh,Dharmraj Chaudhary
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Ramesh Sinha,J.

Heard Sri Pradeep Kumar Singh, learned counsel for the applicant, Sri G.P.Singh, learned A.G.A. for the State and perused the record.

It has been contended by the learned counsel for the applicant that the applicant who is a student has been falsely implicated in the present case with an allegation of committing theft of motorcycle. The applicant is a minor aged about 17 years. The applicant has not committed the alleged offence. Learned counsel for the applicant has produced a copy of the order dated 18.7.2019 passed by this Court in Crl. Misc. Bail Application No.28516 of 2019 granting bail to him case crime No.96 o 2019, under Sections 379, 411, 413, 419, 420 I.P.C., P.S. Kaptanganj, District Basti, which is taken on record.

Learned A.G.A. has vehemently opposed the prayer for bail and submitted that there appears to be criminal antecedents of three cases against the applicant as it appears from the bail rejection order and the present case is one of them. He further submits that from perusal of the order granting bail to the applicant in Case Crime No.96 of 2019, which has been produced by the learned counsel for the applicant, it appears that in the said case while argument it was stated that the applicant has no criminal antecedent and now this is the second case which has come up before this Court in which the applicant is wanted. The order dated 18.7.2019 granting bail to the applicant, was obtained by concealing the fact that the applicant had criminal antecedent.

Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant-Shubham involved in Case Crime No.97 of 2019, under Sections 379, 411, 413, 419, 420 I.P.C., Police Station Kaptanganj, District Basti.

Accordingly, the anticipatory bail application is rejected.

However, the applicant is at liberty to move bail application u/s 439 Cr.P.C., if so advised.

Order Date :- 1.8.2019/NS