Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13879 of 2021 Applicant :- Shyam Singh @ Shyamu Opposite Party :- State of U.P. and Others Counsel for Applicant :- Rakesh Dubey,Anurag Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the material on record.
The present anticipatory bail application initially was registered as case crime no.45 of 2021, under Sections 147, 148, 149, 323, 325, 504, 506, 307, 376, 452 IPC and Section 3(2)(v) S.C./S.T. Act, P.S. Bilhaur, District Kanpur Nagar.
From the record, it is evident that the applicant has approached this Court straightway without his anticipatory bail rejected from the court below.
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.
The allegation against the applicant is serious which requires custodial interrogation. The victim hails from scheduled caste community and in the interest of fair investigation, her statement under section 164 Cr.P.C. is essentially required.
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 applicant, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 29.7.2021 Tamang Digitally signed by Justice Rahul Chaturvedi Date: 2021.07.31 15:05:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad