Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10211 of 2021
Applicant :- Jagveer Singh
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ambikesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A and perused the record.
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.342 of 2020, under Sections 452, 376, 323 I.P.C., Police Station-Sadabad, District-Hathras.
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 22.2.2021.
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.
From the F.I.R. it is clear that the applicant is sole named accused and the informant has levelled the allegation against the applicant for ravishing her. Learned counsel for the applicant submits that the informant's husband has taken some money and was not returning back. In retaliation to the same, the applicant is said to have used his wife to level this shameful allegation against the applicant.
There is no material before the Court to assess and evaluate that the allegations are true or not, but 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 into the matter and to file a report u/s 173(2) Cr.P.C.
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 :- 29.7.2021
M. Kumar