Dismissed

Vikas @ Vikas Singh v. State of U.P and Another

Allahabad HC27 Jul 2021ABAIL/13474/2021

Case brief

AI extract

What is this about?

The High Court considered an anticipatory bail application filed directly before it under Section 438 Cr.P.C. despite Clause 7 of Section 438 Cr.P.C. (U.P. Act No.4 of 2019) allowing such direct approach. After examining the reasons and ignoring prior notice to the State, the Court rejected the application to allow thorough police investigation without interference.

What did the court decide?

Anticipatory bail application rejected; no liberty granted to the accused for the investigation to proceed unhindered.

Vikas @ Vikas Singh Vs State of U.P and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13474 of 2021

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Applicant :- Vikas @ Vikas Singh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Bhaskar Bhadra

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Hon'ble Rahul Chaturvedi,J.

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(1) Heard Shri Bhaskar Bhadra, learned counsel for the applicant and learned A.G.A and perused the record.

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(2) The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.146 of 2021, under Sections 420, 406, 467, 468, 471 I.P.C., Police Station-Jalalabad, District-Shahjahanpur.

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(3) From the record, it is evident that the applicant has approached this Court straightway without getting his anticipatory bail rejected from the Court of Sessions.

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(4) Learned counsel for the applicant has drawn attention of the Court to Clause-7 of Section 438 Cr.P.C. (U.P. Act No.4 of 2019), which read thus :

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" (7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session. "

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(5) After interpreting the aforesaid clause, it is clear that the Legislature in its own wisdom bestowed two avenues upon the accused with a rider that if the accused has chosen to come to the High Court straightaway, then he would not be relegated back to exhaust his remedy before the Court of Session first. In this regard, learned counsel for the applicant has placed reliance upon the Full Bench judgment of this Court in the case of Ankit Bharti and others Vs. State of U.P. and another, 2020(3) ADJ 575 in which the Bench has directed to spell out the extraordinary and special reasons for coming to the High Court. After perusal of those pleadings/reasons in this regard, this Court is satisfied that the reasons mentioned therein are quite convincing to entertain the present anticipatory bail application before this Court itself.

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(6) Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of

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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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(7) From the F.I.R. it is clear that the involvement of the applicant seems to be more probable. However, the role of the applicant could be established only after having an in-depth probe into the matter by the police.

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(8) Taking into account the severity of allegations, 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 applicant, and thus the present anticipatory bail application is hereby REJECTED.

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Order Date :- 27.7.2021 M. Kumar

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Digitally signed by Justice Rahul Chaturvedi Date: 2021.07.29 11:51:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Vikas @ Vikas Singh v. State of U.P and Another

Case brief

What is this about?

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Vikas @ Vikas Singh v. State of U.P and Another

Case brief

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What did the court decide?

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