Hon'ble Rahul Chaturvedi, J. rejected the anticipatory bail application filed by Ishwar Prasad in Case Crime No.258 of 2021. The Court observed the applicant approached straightway without prior rejection below and refused to grant bail to ensure transparent investigation.
The anticipatory bail application was rejected.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13288 of 2021
Applicant :- Ishwar Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Vishwa Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri V.P.Pandey, learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant, Ishwar Prasad is seeking his anticipatory bail in Case Crime No.258 of 2021, under Section 3/7 Essential Commodities Act, Police Station-Patherwa, District-Kushi Nagar.
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 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.
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 :- 9.8.2021 Abhishek Sri.
1 issue framed by the court
Whether anticipatory bail should be granted to Ishwar Prasad in case Crime No.258 of 2021 under Section 3/7 Essential Commodities Act.
Ishwar Prasad
Rahul Chaturvedi
As recorded by the court registry
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