Sahil Mishra v. State of U.P. and Another
Case brief
What is this about?
This court rejected an anticipatory bail application filed under Section 438 Cr.P.C. in a case involving cheating and forgery by a minor. The court declined interference to allow the investigating officer full liberty for a transparent probe.
What did the court decide?
Application for anticipatory bail was rejected.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14939 of 2021 Applicant :- Sahil Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Kaustubh Srivastava, learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant, Sahil Mishra is seeking his anticipatory bail in Case Crime No. 1602 of 2020, under Section 363 I.P.C., Police Station-Vijay Nagar, DistrictGhaziabad.
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 02.07.2021.
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 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.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. considering the nature of the offence under Section 363 IPC.
Whether the investigation should be allowed to proceed without court interference while the applicant faces charges.
Parties & counsel
- applicant
Sahil Mishra
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- ABAIL/14939/2021
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