Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24597 of 2009 Petitioner :- Arun Kumar Tiwari @ Dabbu Respondent :- State Of U.P. Petitioner Counsel :- Suresh Gupta Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
The present criminal misc. bail application has been filed with the prayer to
enlarge the applicant on bail in Case Crime No.158 of 2009, under Section
328 and 379 IPC, P.S. Collectorganj, District Kanpur Nagar.
Learned counsel for the applicant submitted that applicant was falsely
implicated in the present case. There was contradiction in the version of FIR
and the statement of informant. There was no recovery of Scarpio Jeep from
the applicant. Recovery was from another case in which applicant has already
been released on bail. In the present case, applicant is in jail since 25.7.2009.
The aforesaid prayer for bail was opposed by learned AGA on the ground
that applicant is involved in four cases including present case. There was
recovery of vehicle from the applicant in Case Crime No.192 of 2009, P.S.
Phoolpur, District Varanasi. The other case is against the applicant pending at
Panipat, Haryana, under Section 328, 379, 34 IPC. He was also involved in
the case under Section 41/411 IPC, at P.S. Phoolpur, District Varanasi.
According to statement of driver of vehicle some intoxicated substance was
mixed in the food and when he became unconscious the applicant succeeded
to run away with the Scarpio and it appears that same has been sent to Nepal.
Hence applicant is not entitled for bail.
In view of aforesaid facts, without expressing any opinion on merit, it is not a
fit case for bail. Accordingly, the application for bail is rejected.
However, the trial court is expected to conclude the trial as expeditiously as
possible without unreasonable delay and unnecessary adjournment.
Order Date :- 28.7.2010
Pramod