Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15105 of 2021 Applicant :- Manju And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the material on record.
The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. apprehending their arrest in connection with Case Crime no.300 of 2020, under Sections 147, 148, 149, 354-Kha, 452, 323, 504, 506, 325 I.P.C., Police Station-Kotwali Bansi, District-Siddharth Nagar.
From the record, it is evident that the applicants have approached this Court after getting their anticipatory bail rejected by the court below on 15.06.2021.
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 applicants are now the charge-sheeted accused persons.
I have perused the 164 Cr.P.C. statement as well as the injury report of the injured.
Keeping in view the 164 Cr.P.C. statement as well as the injury report of the injured and taking into account the role attributed to the applicants in commission of offence, and lastly he is now a charge sheeted accused. Learned counsel for the applicant raised number of the submissions regarding the probabilities. The Court while sitting in Section 438 Cr.P.C. cannot appreciate the probabilities or improbabilities of the offence and involvement of the applicant/accused.
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 :- 7.10.2021 Sumit S