Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13442 of 2021 Applicant :- Ajay Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dwivedi
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.100 of 2014, under Sections 498A, 323, 504, 506, 494 I.P.C. and Section 3/4 of D.P. Act, Police Station-Mahila Thana, District-Firozabad.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected by the court below on 09.03.2021.
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 charge sheet has already been submitted in the year 2015. Thereafter, the applicant approached this Court exercising the power under section 482 Cr.P.C. in which liberty was granted to surrender before the court concerned for seeking bail. Somehow or other, the local mediation was ordered in which he has never participated. It seems that he is not serious in the process of mediation and only interested in lingering on the matter.
Taking into account the role attributed to the applicant in commission of offence, the Court feels that in order to have in-depth 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 :- 27.7.2021 Sumit S Digitally signed by Justice Rahul Chaturvedi Date: 2021.07.28 18:24:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad