Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14085 of 2021
Applicant :- Vishwajeet Singh And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Devesh Kumar Shukla,Kandarp Srivastava
Counsel for Opposite Party :- G.A.,Rajesh Kumar Shukla
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A for the State and perused the material on record.
The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. apprehending their arrest in connection with Case Crime no.0091 of 2021, under Sections 147, 149, 307, 323, 324, 506 I.P.C. Police Station- Mugra Badshahpur, District-Jaunpur.
From the record, it is evident that the applicants have approached this Court straightway without getting their 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 AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
Learned A.G.A has submitted that the applicant is named in the FIR. It is next contended that informant himself is an injured person and he has attributed the role to the applicant of only extending threats to the injured persons. Learned counsel for the informant as well as learned A.G.A. states that as many as five persons got injured. The informant has received eight injuries and one Pravin Singh also sustained the same number of injuries. In addition to above, three more persons sustained lesser number of injuries. Learned counsel for the applicant submitted that from his side, some persons also got injured. There was free fight in the light of civil dispute of land between the two real brothers. Under the circumstances, it is impossible to gather as to which group is aggressor over whom?
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 :- 30.7.2021 Sumit S
Digitally signed by Justice Rahul Chaturvedi Date: 2021.07.31 14:29:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad