GURMIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

(2.) The present bail application has been filed by the applicant seeking bail in Case Crime No. 390/2021 , under Ss. 379, 411, 427, 120B IPC, Sec. 15/16 of Petroleum and Minerals Pipelines Act, sec. 4(a) of the Explosive Substances Act, Sec. 3/4 of the Prevention of Damage to Public Property Act and Sec. 3/7 Essential Commoditie4s Act, Police Station- Sarsawa, District - Saharanpur.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant is a student of ITI and on 11/12/2021, he was going to his village from Sarsava and in the way, Police stopped his car for checking and demanded illegal money, which was denied by the applicant and after some hot arguments, he was arrested by showing false recovery of country made pistol as well as 200 liter diesel. He further submits that except confession of the applicant and other co-accused person, no direct or indirect evidence against the applicant is there. He further submits that at the time of recovery, no public witness was present. He further submits that except joint recovery of 200 litres of diesel, nothing incriminating articles were recovered from the possession of the applicant or his pointing out. It is also submitted that on a similar case, this Court has granted bail to the applicant in Criminal Misc. Bail Application No. 18098 of 2022 vide order dtd. 19/5/2022. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 11/12/2021 and the possibility of conclusion of trial in near future is very bleak.