Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13568 of 2021
Applicant :- Khursheed And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheeba Rizvi
Counsel for Opposite Party :- G.A., Mohammad Akram
Hon'ble Rahul Chaturvedi,J.
Heard Ms. Sheeba Rizvi, learned counsel for the applicants, Mohammad Akram, learned counsel for the complainant and the learned AGA and perused the record.
By means of the present application the applicants, Khursheed and Zubail @ Raja are seeking their anticipatory bail in Case Crime No.0106 of 2021, under Sections 323, 324, 506, 307 and 34 I.P.C, P.S. Kotwali Dehat, District Bijnor.
From the record, it is evident that the applicants have approached this Court after getting their anticipatory bail rejected from the court of sessions vide order dated 28.06.2021.
Learned counsel for the applicants has drawn attention of the Court to Clause-7 of Section 438 Cr.P.C. (U.P. Act No.4 of 2021), which read thus:
"(7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session."
After interpreting the aforesaid clause it is clear that the Legislature in its wisdom bestowed two avenues open for the accused. If the accused has chosen to come to the High Court straightaway, then he would not be relegated back to exhaust her remedy before the Court of Session first.
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 Vs. 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 present anticipatory bail application has been filed on behalf of Khursheed and Zubail @ Raja.
Learned counsel for the applicants submits that the present FIR was got registered on 18.05.2021 by one Farakat Ali for the incident said to have taken place on 18.05.2021 against four named accused persons with the allegations that on 18.05.2021 when the complainant alongwith his brother and a cousin was going to attend an invitation party, the accused persons had already waylayed there on the way near a kabristan and when the complainant and his companions reached there, the accused persons have suddenly attacked on them with lathi-danda, in the result brother of the complainant fell unconsciously. As per the FIR, there are injuries to both the brother and cousin of the complainant.
Per contra, learned AGA has produce the injury report of Amir Hasan dated 04.06.2021 which shows that he has sustained injury over his person.
Under the circumstances, 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, keeping in view the allegations made in the FIR and the rival contentions raised by the learned counsel for the opposite parties, the Court is not inclined to exercise its powers in favour of the applicants, and thus the present anticipatory bail application is hereby REJECTED with regard to Khursheed and Zubail @ Raja.
Order Date :- 13.8.2021 Shahroz