Point of Law : Serious and heinous nature of the offence, complicity of the accused-applicant in the conspiracy and taking into consideration overall circumstances of the case, Court do not find any reason sufficient to allow the bail application.

JUDGMENT :

Written Arguments filed by learned counsel for the respective parties pursuant to order dated 28.3.2023 are taken on record.

1. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Shiv Kant Dixit, learned counsel for the applicant and Sri Abhijeet Mukherjee, Sri D.P.S. Chauhan and Sri Mithilesh Kumar, learned A.G.A. for the State and perused the record.

2. The present bail application has been filed by the accused-applicant Jay Bajpai @ Jay Kant Bajpai to release him on bail in Case Crime No.238 of 2020, under sections 420, 467, 468, 471, 120-B IPC, Police Station - Kakadev, District - Kanpur Nagar.

3. The first information report of the incident was lodged by the Sub Inspector Ravi Shankar Pandey on 22.7.2020 as Case Crime No.238 of 2020, under Section 420, 467, 468, 471, 120-B I.P.C., Police Station Kakadev, District Kanpur Nagar. The version of the first informant is that the applicant have virtual possession of vehicles used in the offence in question dated 4/5.7.2020 at Village Tikuri, Police Station Chaubepur, District Kanpur Nagar.

4. The statement of the first informant under Section 161 Cr.P.C. was recorded on 24.7.2020 in which he stated that the accused/applicant is the virtual owner of the vehicle used in the offence in question but could not produce any evidence except, oral. The Investigation Officer also noted down the alleged statements of owners of vehicles who have stated that they are the owner of the vehicle in question which were used by the applicant, he further investigated that the entry pass of the Secretariat at Lucknow is forged. The vehicles were allegedly recovered on 5.7.2020 but the first information report was lodged on 22.7.2020 having extraordinary delay of 17 days. Admittedly as per prosecution case the applicant is not the owner of Audi Car, Fortuner Car and Hyundai Car. The Audi Car and Hyundai Verma car belongs to Pramod Kumar Verma and Kapil Singh Chauhan who are not accused in the present case whereas the Fortuner car belongs to Rahul Singh (who has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 1.12.2021 passed in Criminal Misc. Bail Application No.40006 of 2021, a copy of said order has been produced by learned counsel for the applicant, which is taken on record) on which fake entry pass of Secretariat at Lucknow was pasted who is co-accused. However, as per the prosecution version all the above owners voluntary deposed that the above cars were used by the applicant. It is worth to mention here that neither the applicant is owner of the above vehicles nor he had used the same at any point of time nor the above cars were recovered from the possession of the applicant. All the above vehicles were recovered from the same place and the applicant was not present in the vehicles in question, but police with malicious intention has shown recovery of some forged number plates from the custody of the applicant, despite the facts that applicant was in jail since 20.7.2020 and FIR in the present offence was lodged on 22.7.2020.

5. Submission of the learned counsel for the applicant is that being businessman and having only political rivalry with some local high level politicians, applicant has been roped with the said offence by fabricating false and frivolous documents and witness, nothing is available on the record to show that the alleged entry pass pasted over wind shield of vehicle no. U.P. 78 EW 7070 was prepared by the applicant nor there is any evidence or witness who claimed to be well known that applicant prepared the fake gate pass of secretariat further the vehicle no. U.P. 78 FC 7070 and U.P. 78 FI 9595 do not belong to the applicant at any point of time and statement made by owner of vehicle that applicant is owner of vehicle is totally false and have no evidentiary value. Further the person who is registered owner of vehicle no. U.P. 78 EW 7070 have liability of alleged sticker which was prepared by police under conspiracy for fa