Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15958 of 2021 Applicant :- Ram Bhawan Bind @ Ram Bhawan Ram Opposite Party :- State of U.P.
Counsel for Applicant :- Navneet Kumar Mishra,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
1. Heard learned counsel for the applicant, learned AGA 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.117 of 2021, under Sections 324, 307 IPC, Police Station-Nandganj, District-Ghazipur.
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 29.7.2021.
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 vs. State of UP), hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438(3) Cr.P.C. (UP Amendment) is not required.
5. Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case; as per the statement of injured, role of only catching-hold is assigned to the present applicant while role of inflicting the injuries is assigned to the co-accused.
6. Per contra, learned AGA opposed the prayer for anticipatory bail and submitted that the applicant is equally responsible for the incident; applicant is named in the FIR and his presence on the spot is also confirmed by the statement of injured.
7. 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. Hence, this Court is not inclined to exercise its powers in favour of the applicant, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 6.10.2021 LN Tripathi