SAVITA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) The present application has been moved seeking anticipatory bail in Case Crime no.173 of 2021, under Ss. 379, 120(B) I.P.C. and Sec. 4, 21 of Mines and Minerals (Regulation and Development) Act, 1957 and Ss. 3, 5 of the Prevention of Damage of Public Property Act, 1984, Police Station-Kabrai, District-Mahoba with the prayer that in the event of arrest, applicants may be released on bail.

(3.) It has been argued by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case, whereas there is no credible evidence against her. According to prosecution version, on 6/6/2021 the Mines inspector and police have intercepted a truck no.UP-32GN1788, which was carrying mineral (soil) illegally without required documents. Learned counsel submitted that involvement of applicant has been shown merely on the basis that she is registered owner of the said truck. The applicant has not indulged in any illegal mining. There is no such evidence that applicant was present at the spot. It is further submitted that on the date of alleged incident, the applicant was lying admitted in the hospital. It was further submitted that applicant is a lady and she has no criminal antecedents. It was submitted that applicant undertakes to co-operate during trial and she would appear as and when required by the Court. It has been stated that in case, applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate during trial and would obey all conditions of bail.