The Allahabad High Court rejected an anticipatory bail application moved under Section 438 Cr.P.C. The applicant faced charges of culpable homosexuality, hurt, and uploading obscene material. The court held that the seriousness of the allegations and the need for free and full investigation warranted rejection.
The anticipatory bail application was rejected.
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. - 14897 of 2021 Applicant :- Dilshad Opposite Party :- State Of U. P. Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the material on record.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case Crime no.135 of 2021, under Sections 377, 323 I.P.C. and Section 67b of Information Technology Amendment Act, Police Station-Parikshitgarh, District-Meerut.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected by the court below on 05.07.2021.
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.
Learned A.G.A has submitted that the applicant is named accused person. The allegation made in the FIR against the applicant is serious in nature. Keeping in view the nature of offence, the applicant deserves no liberty.
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 applicant, and thus the present anticipatory bail application is hereby rejected .
Order Date :- 26.8.2021/Sumit S
Digitally signed by RAHUL CHATURVEDI Date: 2021.08.26 18:02:25 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 applicant in the present circumstances?
1 provisions across 1 enactments
Dilshad
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
