Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12881 of 2021 Applicant :- Ramdarsh Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant is seeking his anticipatory bail in Case Crime No.149 of 2021, under Sections 272, 273 I.P.C. and Section 60 Excise Act, Police Station- Maharajganj, District-Azamgarh.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the Court of Session vide order dated 11.6.2021.
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.
The applicant is named in the F.I.R. for allegedly preparing the hooch. The applicant has not been arrested and has fled away from the site. His name has been taken by co-accused Renu Devi in her confessional statement, who states that the applicant is a team member who manufactures the spurious liquor.
Taking into account the gravity of accusation, 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 the 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 :- 28.7.2021 M. Kumar