Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14962 of 2021 Applicant :- Vikash And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
1. Heard learned counsel for the applicants, learned AGA and perused the record.
2. The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime No.753 of 2020, under Sections 147, 452, 323, 325, 506 IPC, Police Station-Baraut, District-Baghpat.
3. From the record, it is evident that the applicants have approached this Court after getting his anticipatory bail rejected from the court of sessions vide order dated 15.3.2021.
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 applicants has submitted that co-accused having identical role in the alleged incident have been granted regular bail by the court-below. It is also submitted that FIR is delayed by three days and no explanation of delay has been given.
6. 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 applicants, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 6.10.2021 LN Tripathi