Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12408 of 2021 Applicant :- Rachit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Shrivastava,Hemlata Srivastava Counsel for Opposite Party :- G.A.,Devendra Saini
Hon'ble Rahul Chaturvedi,J.
Heard 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. 228 of 2021, under Section 376 I.P.C. Police Station- Kotwali City District- Bijnor.
From the record, it is evident that the applicant has approached this Court straightway without getting his anticipatory bail rejected from the court below.
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."
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 A.G.A as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
Learned A.G.A has informed the Court that the applicant is named accused person. He further submits that there is a specific allegation of molestation made by the victim upon the applicant.
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 applicants, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 29.10.2021 Deepak Digitally signed by RAHUL CHATURVEDI Date: 2021.11.02 16:23:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad