Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18134 of 2021 Applicant :- Arun Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Manish Joshi, 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. 2045 of 2021, under Sections 498-A, 323, 354, 504, 506 I.P.C., Police Station- Indirapuram, District- Ghaziabad.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected by learned Special Judge (Anti-corruption) C.B.I., Court No. 3, Ghaziabad on 22.09.2021 passed in Anticipatory Bail Application No. 1383 of 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 there is specific allegation against the applicant of molestation and misbehaving with the victim. Keeping in view the nature of offence, the applicant deserves no liberty.
Taking into account the role attributed to the applicants 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 applicant, and thus the present anticipatory bail application is hereby rejected.
Digitally signed by RAHUL CHATURVEDI Date: 2021.10.29 10:25:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 28.10.2021/Deepak