MUKHTAR ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arun Sinha, learned counsel for the applicant and Sri V.K. Shahi, learned Additional Advocate General assisted by Sri Anurag Varma, learned A.G.A. and perused the record.

(2.) The present application under Sec. 439 Cr.P.C. has been filed seeking bail in FIR No.369 of 2021, under Ss. 419, 420, 467, 468, 471, 120-B, 177 and 506 IPC and Sec. 7 Criminal Law Amendment Act, Police Station Kotwali Nagar, District Barabanki after the bail application of the accused-applicant has been rejected by the Special Judge (MP/MLA)/Additional District Judge, Court No.4, Barabanki on 13/12/2021 in Bail Application No.2824 of 2021.

(3.) As per the allegations in the FIR, an ambulance bearing registration no.UP 41 AT 7171 was registered in the Road Transport Office, Barabanki on 21/12/2013 in the name of Dr. Alka Rai, R/o 56, Rafi Nagar, Barabanki. A letter was submitted that the said ambulance would be attached to Sanjeevani Hospital and Research Center Private Limited, National Highway-24, G.T. Road, Mau. However, on 1/4/2021 it came to the notice that the said ambulance was being run without fitness and insurance as the fitness of the said ambulance got expired on 31/1/2017. The Road Transport Office issued notice on 23/1/2020 to the alleged owner of the said ambulance on the address, which was given at the time of registration of the vehicle. At the time of registration, the said vehicle got registered in the name of Dr. Alka Rai, 56, Rafi Nagar, Barabanki, for which the relevant papers such as Voter Identity Card of the said address were submitted and the Registration Officer believing the genuineness of the documents submitted, registered the said vehicle to the address given at the time of registration. However, it was found that the said Voter Identity Card was forged and fabricated document. There was no such address of 56, Rafi Nagar, Barabanki, but there was an address in nearby locality, House No.56, Abhay Nagar and in the said house, one Pradeep Mishra was living with his family. It was said that no one in the name of Dr. Alka Rai ever lived in Rafi Nagar or Abhay Nagar, and the papers submitted at the time of registration of the said ambulance were forged and fabricated documents.