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Afsana vs State Of U.P. And Others on 23 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 12357 of 2021

Applicant :- Afsana

Opposite Party :- State of U.P. and Others

Counsel for Applicant :- Shams Uz Zaman

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 instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending their arrest in connection with Case Crime no.47 of 2020, under Sections 498A, 304B I.P.C. and Section 3/4 of D.P. Act, Police Station-Singhawali Ahir, District-Baghpat.

From the record, it is evident that the applicant has approached this Court straightway without getting their anticipatory bail rejected from the court below.

Learned counsel for the applicant 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 FIR was got registered by one Rahisa against five named accused persons including the applicant. The applicant is the mother-in-law of the deceased. It is next contended that marriage of the informant’s daughter was solemnized with son of the applicant only three months back. There is an allegation of dowry related harassment against all the accused persons.

Taking into account the role attributed to the applicant 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 :- 23.7.2021/Sumit S

 

 

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