ASHOK KUMAR BHADAURIYA (ASHOK SINGH BHADAURIYA) Vs. STATE OF U P THRU S P CENTRAL BUREAU OF INVESTIGATION/ACB

JUDGEMENT

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

(2.) This bail application has been preferred by the accused-applicant Ashok Kumar Bhadauriya, who is involved in Case No. 43625 of 2018 (State of U.P. through C.B.I. Vs. Ashok Singh Bhadauria & others) arising out of Case Crime No. RC - 006 2018 S 0009, under Sec. 120-B read with Sections 166, 167, 193, 201, 218 I.P.C. and 3/25 Arms Act, Police Station C.B.I./A.C.B., Lucknow, District Lucknow.

(3.) It has been contended by the learned counsel for the applicant that the F.I.R. has been registered by C.B.I. on 12.04.2018 and the applicant has been arrested under Sections 120-B, 193, 201, 218 I.P.C. and Sec. 3/25 Arms Act by the C.B.I. and on 13.07.2018 C.B.I. has filed charge sheet against the applicant along with other accused under Sec. 120-B read with Sections 166, 167, 193, 201, 218 I.P.C. and Sec. 3/25 Arms Act. It is further contended that Sections 166, 167, 193, 201, 218 I.P.C. are bailable offence and Sec. 120-B I.P.C. would be bailable accordingly as offence which is subject of conspiracy and is a bailable offence. He next submitted that Sec. 3/25 Arms Act has been wrongly inflicted against the applicant, no offence is made out under this Sec. against the applicant. There is no recovery of any weapon or cartridge from the applicant neither he has contravened Sec. 3/25 Arms Act. In the charge sheet filed by the C.B.I., the applicant has been charged for substantive offence under that Sections only and the charge under Sec. 120-B I.P.C. for criminal conspiracy has been inflicted for the offence under that Sections as mentioned above. The substantive offence under Sec. 3/25 Arms Act has been inflicted in the charge sheet for Shailendra Singh @ Tinku Singh along with Sec. 201 I.P.C. As such Sec. 3/25 of the Arms Act is not made out against the applicant in this case. The applicant has not committed any offence for disobeying a directions of law with intent to cause injury to any person under Sec. 166 I.P.C. and the applicant has not committed any offence under Sec. 167 I.P.C. for framing an incorrect documents with intent to cause injury and also the applicant has not committed any offence under Sec. 193 I.P.C. for giving or fabricating false evidence in a judicial proceedings and in other case. The applicant has not committed any offence for causing disappearance of an evidence of a offence committed or giving any false information touching it to screen offence punishable under Sec. 201 I.P.C. and the applicant has not committed any offence under Sec. 218 I.P.C. as public servant framing the incorrect record or writing with intent to save persons from punishment or property from forfeiture.