The Allahabad High Court, in an anticipatory bail application filed by the applicants under Section 438 Cr.P.C., rejected the plea. The court noted that the investigation was ongoing and that the applicants had approached the High Court directly without seeking relief from the lower court previously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12582 of 2021
Applicant :- Yunus And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Mohd. Aslam,Mohd. Saleem Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
By means of the present application the applicants are seeking his anticipatory bail in Case Crime No.420 of 2021, under Sections 452, 376, 323, 506 I.P.C., Police Station-Masoori, District-Ghaziabad.
From the record, it is evident that the applicants have approached this Court straightway without their anticipatory bail rejected from the court below.
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 under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
The investigation is going on and it would not be proper for the Court to interfere in the same.
Taking into account the role attributed to the applicant in commission of offence, the 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 .
Order Date :- 30.9.2021 Abhishek Sri.
Digitally signed by RAHUL CHATURVEDI Date: 2021.10.01 11:01:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicants under Section 438 Cr.P.C.
Yunus
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
