Shyam Singh @ Shyamu v. State of Up and Others
Case brief
What is this about?
The High Court declined to exercise powers under Section 438 Cr.P.C. considering serious allegations requiring custodial interrogation for a fair investigation. The applicant approached the court directly without having rejected anticipatory bail from a lower court first, leading to rejection. The court emphasized the need for a transparent probe.
What did the court decide?
Anticipatory bail application under Section 438 Cr.P.C. rejected due to serious allegations requiring custodial interrogation and procedural irregularity.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13879 of 2021
Applicant :- Shyam Singh @ Shyamu Opposite Party :- State of U.P. and Others Counsel for Applicant :- Rakesh Dubey,Anurag Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the material on record.
The present anticipatory bail application initially was registered as case crime no.45 of 2021, under Sections 147, 148, 149, 323, 325, 504, 506, 307, 376, 452 IPC and Section 3(2)(v) S.C./S.T. Act, P.S. Bilhaur, District Kanpur Nagar.
From the record, it is evident that the applicant has approached this Court straightway without his 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.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted given the severity of the charges involving custodial interrogation and fair investigation without the applicant filing the pending application before the c
Parties & counsel
- applicant
Shyam Singh @ Shyamu
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/13879/2021
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