This court dismissed an anticipatory bail application as infructuous because the Government Advocate submitted that the State has no role in proceedings involving the Railway Protection Force, relying on previously received instructions.
The anticipatory bail application stands dismissed as infructuous
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. - 13594 of 2021
Applicant :- Sahjad Opposite Party :- State Of Up And Anothers Counsel for Applicant :- Mohd. Nizam Uddin,Nafis Ahmad
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants as well as learned A.G.A.
The instant application is being moved by the applicant Sahjad, invoking the powers of Section 438 Cr.P.C. that they have 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. 113 of 2020, under Sections 153, 174 (C), Railway Act, Police Station-R.P.F. Shamli, District-Shamli.
Learned A.G.A., submitted that he has received the following instructions:
"The bail application (notice) no.13114 of 2021 dated 18.06.2020, is connected with the Railway Property (Unlawful Possession) 1966, which is a Central Act and provides punishment for activities made punishable therein, for which, the Railway Protection Force (R.P.F.) is the agency to implement the provisions of the said Act, which is also a Central Government Agency.
The criminal case registered by R.P.F. is dealt with by the concerned learned court below as complaint case instituted by the Public Officer.
Hence, the Government of Uttar Pradesh/State of Utter Pradesh has no role to participate in any such proceedings, due to which, the legal assistance through Government Advocate Office, High Court, Allahabad (State of Uttar Pradesh) cannot be extended to the officers of R.P.F.
The concerned D.G.C. (Criminal) has incorrectly provided legal assistance to the R.P.F. before the court of learned Session Judge.
HENCE, NO ACTION IS REQUIRED BY THE OFFICE OF THE GOVERNMENT ADVOCATE, HIGH CORT, ALLAHABAD. THIS HON'BLE COURT WILL ALSO BE INFORMED ACCORDINGLY ON THE NEXT LIKELY DATE OF LISTING OF THE ABOVE NOTED BAIL APPLICATION."
Keeping in view the instructions received by the learned A.G.A., the efficacy of the present anticipatory bail application no more survives.
Accordingly, the present anticipatory bail application stands dismissed as infructuous.
Order Date :- 13.8.2021 Pr/-
Digitally signed by RAHUL CHATURVEDI Date: 2021.08.19 16:33:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 provisions across 1 enactments
Sahjad
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
