QAMAR AIHSAN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for first informant, 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. 509 of 2021, under Ss. 380, 411, 384, 504, 506 I.P.C., Police Station Civil Lines, District Budaun with the prayer that in the event of arrest, applicant may be released on bail.

(3.) It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. According to prosecution version, applicant is cousin of complainant and that some civil litigation was pending between them. It was alleged that on 19/1/2021 both the parties have gone to District Court, Budaun for attending the proceedings of case and while the private files of complainant were lying in the Court room, the applicant took said files away. Learned counsel submitted that there is no eye witness of alleged incident and applicant has been falsely implicated in this case. As per prosecution version, the said file was shown recovered from the applicant but at that time no action has been taken against the applicant. The FIR of this case has been lodged after moving an application under Sec. 156(3) Cr.P.C. The allegations that applicant has taken out some papers from the file of complainant are thoroughly false. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.