Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12734 of 2021
Applicant :- Dr. Sarvesh Nirala
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.,Farid Ahmed
Hon'ble Rahul Chaturvedi,J.
(1) Heard Shri Bhuvnesh Kumar Singh, learned counsel for the applicant; Shri Farid Ahmed, learned counsel for opposite party no.2 and learned A.G.A and perused the record.
(2) The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.268 of 2021, under Sections 420, 323, 377, 504, 506, 313 I.P.C., Police Station-Najibabad, District- Bijnor.
(3) From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the Court of Sessions vide order dated 11.6.2021.
(4) 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.
(5) The applicant is a government doctor, who is said to have been indulged in sexual assault upon the informant. The applicant is sole named accused in the F.I.R. and a number of serious allegations have been levelled against him.
(6) Taking into account the severity of allegations, this 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
(7) The investigation of the case is going on and the charge sheet is yet to be submitted. The applicant is obliged to participate in the investigation and he should not terrorize the informant and other witnesses.
Order Date :- 28.7.2021
M. Kumar