Court rejected anticipatory bail application on its merits, noting ongoing investigation in a criminal case involving Sections 353, 332, 325, 323, 504, 506, and 427 IPC, concluding there is no need for further time to learned A.G.A.
Anticipatory bail application rejected; no relief granted.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8783 of 2021
Applicant :- Sanjay Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Mahesh Prasad Yadav, 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.17 of 2021, under Sections 353, 332, 325, 323, 504, 506 and 427 I.P.C., Police Station-Kishanpur, DistrictFatehpur.
From the record, it is evident that the applicant has approached this Court after getting anticipatory bail rejected from the Court of Session vide order dated 25.02.2021.
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.
The investigation is going on and it would not be proper for the Court to interfere in the same.
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 .
Order Date :- 1.9.2021 Abhishek Sri.
2 issues framed by the court
Whether the present anticipatory bail application should be allowed given the ongoing investigation and the applicant's role.
Whether to grant further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment).
Sanjay Singh
Another
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
