The Allahabad High Court rejected an anticipatory bail application filed by Khilendra @ Boby in a case involving alleged offences under Sections 420, 272, 273 IPC and provisions of the U.P. Excise Act, citing the gravity of the accusation.
Anticipatory bail application rejected.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15438 of 2021
Applicant :- Khilendra @ Boby Opposite Party :- State Of U.P And Another Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant is seeking his anticipatory bail in Case Crime No.339 of 2021, under Sections 420, 272, 273 I.P.C. and Section 60, 60(A), 63 of the U.P. Excise Act, Police Station-Medical, District-Meerut.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the Court of Session vide order dated 22.7.2021.
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.
Taking into account the gravity of accusation, 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 :- 7.9.2021 M. Kumar
Digitally signed by RAHUL CHATURVEDI Date: 2021.09.08 17:51:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant given the gravity of the accusation?
Whether the investigating officer requires liberty to choose the course of investigation in this matter?
Colour shows how this judgement treated each authority
Govind Mishra @ Chhotu Versus State of U.P.Referred¶8
Khilendra @ Boby
State Of U.P
Rahul Chaturvedi
As recorded by the court registry
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