MOHAN PAL RAWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Sri K.K. Rajbhar, learned A.G.A. for the State and perused the material on record.

(2.) The present bail application has been filed on behalf of applicant Mohan Pal Rawat under Sec. 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 860 of 2016, for offence punishable under Ss. 193, 420, 120-B of the Indian Penal Code, registered at Police Station- Baghpat, District- Baghpat, till the conclusion of the trial, after rejecting the anticipatory bail application of the applicant by First Additional Sessions Judge, Baghpat vide order dtd. 6/5/2022.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is a practicing advocate and he has been implicated in the present case with regard to the allegation that applicant and other co-accused persons filed a forged motor accident claim petition before the Tribunal. It is further submitted that without any enquiry or given any opportunity to the applicant S.I. Virendra Tiwary lodged the first information report on the basis of false and frivolous allegations against the applicant and other co-accused persons. It is further submitted that the applicant has no concern with the allegation as made in the first information report. It is further submitted that M.A.C.P. No. 271 of 2015 (Smt. Gulnaaz and two others Vs. I.C.I.C.I. Lombard General Insurance Company and two others) has been dismissed by the Motor Accident Claims Tribunal vide order dtd. 5/10/2014 on the point of jurisdiction. It is further submitted that clam petition in question was not dismissed by the Tribunal on the ground of any forgery or cheating. It is further submitted that applicant is a senior advocate and he has been practicing for more-than 35 years. The claimant of the aforesaid claim petition filed an First Appeal From Order before this Court against the judgment and order dtd. 5/10/2016.