Yogesh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 379, 411 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No.683 of 2023, registered at police station Bhagwanpur, District Haridwar. The First Anticipatory Bail Application (No.876 of 2023) was dismissed as withdrawn on 27.09.2023 by granting liberty to file a fresh Anticipatory Bail Application as per law.

As per the First Information Report dated 23.09.2023, present applicant along with co-accused Sajeb, driver of the truck, stole the Truck (Registration No.PB65BC-8802) of the informant on 19.09.2023. Cement was loaded on the said truck. During the investigation, the truck driver and his brother Javed were arrested. The said stolen truck was recovered from their possession. Both of them stated in their confessional statement that they have sold the cement to Yogesh Saini (present applicant), Aayush Saini, Hitesh, Ishtekhar and Bunty. On the pointing out of these two, the police raided the spot. A co-accused Bunty was arrested. Police party recovered 225 stolen bags of cement from the spot. Remaining persons present on the spot (including the applicant) managed to escape from the spot.

Heard Mr. Pranav Singh, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Pranav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the said offences are triable by Magistrate.

Learned counsel for the State has opposed the Anticipatory Bail Application.

In the facts and circumstances of the case, applicant Yogesh is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing a personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

(i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(ii) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required;

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Second Anticipatory Bail Application (No.45 of 2023) stands disposed of accordingly.