Vijay Kumar@ Vijay Kumar Sharma Vs State of U.P.

Court No. - 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14927 of 2021 Applicant :- Vijay Kumar@ Vijay Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas,Kunwar Siddharth Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant and Sri Utkarsha Birla, learned counsel for the opposite party no. 2 and learned AGA for the State. Perused the record.

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By means of the present application the applicant, Vijay Kumar@ Vijay Kumar Sharma is seeking his anticipatory bail in Case Crime No. 286 of 2019, under Sections 420 IPC and Section 63 of Copy Right Act, Police Station-Hariparwat, District-Agra.

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From the record, it is evident that the applicant has approached this Court after getting her anticipatory bail rejected from the Court of Session vide order dated 22.07.2021.

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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.

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Learned A.G.A. has vehemently opposed the bail of the applicant and submitted that the applicant has preferred a revision before the court of sessions bearing Criminal Revision No. 212 of 2020 and the learned Sessions Judge, Agra on 25.2.2021 dismissed the revision and confirmed the order dated 6.12.2019 passed by CJM, Agra. Besides this, he has filed an Application (Under Section 482) challenging the summoning order dated 6.12.2019 passed by CJM, Agra and Coordinate Bench of this Court on 4.2.2020 dismissed the application.

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After considering the submissions, I have directed to discharge the application pending before the trial court.

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This is a second anticipatory bail application. The earlier

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Anticipatory Bail Application No. 7937 of 2021 was disposed off by this Court with the observations that the charge sheet has already been submitted and if applicant may apply for anticipatory bail before the learned Sessions Court or surrender bail.

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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 .

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Order Date :- 28.9.2021 Arif

Vijay Kumar@ Vijay Kumar Sharma v. State of U.P.

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Vijay Kumar@ Vijay Kumar Sharma v. State of U.P.

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