Dismissed

Ajay Chauhan @ Ajay Kumar Singh and Another v. State of U.P. and 2 Others

Allahabad HC21 Sept 2021ABAIL/10485/2021

Case brief

AI extract

What is this about?

In this chamber hearing, the High Court considered an anticipatory bail application under Section 438 Cr.P.C. where applicants had previously gotten bail rejected by the Sessions Court. The Court observed the severity of allegations and the need for a deep probe, and rejected the application without requiring a hearing. The Government Advocate was notified via a rule.

What did the court decide?

No anticipatory bail granted.

Ajay Chauhan @ Ajay Kumar Singh and Another Vs State of… — Anticipatory Bail | Allahabad HC (2021)

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In Chamber

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10485 of 2021

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Applicant :- Ajay Chauhan @ Ajay Kumar Singh And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashutosh Upadhyay,Shivajee Singh Sisodiya

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Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicants and learned A.G.A and perused the record.

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The instant application is being moved by the applicants, namely, Ajay Chauhan @ Ajay Kumar Singh and Smt. Sangeeta invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.107 of 2021, under Sections 406, 420, 506 I.P.C., Police Station-Subhash, District-Bareilly.

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From the record, it is evident that the applicants have approached this Court after getting their anticipatory bail rejected from the Court of Sessions vide order dated 19.4.2021.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.

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Taking into account the severity of allegations and the role attributed to the applicants, this Court feels that in order to have indepth probe into the matter, the Investigating Officer of the case should be given fullest liberty to choose its own course for the transparent investigation. Thus, giving a panoramic view of the matter the Court is not inclined to exercise its powers in favour of the applicants, and thus the present anticipatory bail application is hereby REJECTED.

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Order Date :- 21.9.2021 M. Kumar

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Digitally signed by RAHUL CHATURVEDI Date: 2021.09.21 17:04:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Ajay Chauhan @ Ajay Kumar Singh and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ajay Chauhan @ Ajay Kumar Singh and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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