Rajan vs State Of U.P.
2022 Latest Caselaw 4656 ALL

Citation : 2022 Latest Caselaw 4656 ALL
Judgement Date : 30 May, 2022

Allahabad High Court

Rajan vs State Of U.P. on 30 May, 2022

Bench: Sanjay Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19535 of 2021
 

 
Applicant :- Rajan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Daya Shanker Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for applicant and learned Additional Government Advocate representing the State and perused the record of the case.

This application for anticipatory bail has been filed by applicant in connection with Case Crime No. 252 of 2020, under Sections 376, 506 IPC, police station Binauli, district Baghpat.

Main substratum of argument of learned counsel for applicant is that applicant has been falsely implicated in this case and charge-sheet has been submitted by the Investigating officer against the applicant without conducting fair investigation.

Per contra learned Additional Government Advocate opposed the prayer for granting anticipatory bail to the applicant by contending that investigating officer after due investigation submitted charge sheet dated 07.2.2021 in this case on the basis of cogent material against the applicant, therefore as on date cognizable offence is made out against the applicant and it can not be presumed that he has been falsely implicated. Learned Additional Government Advocate further submitted that the victim in her statement under Section 164 Cr.P.C. has made specific allegation of rape against the applicant.

Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused-applicant and also judgment of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not find any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C. in favour of the applicant.

Accordingly, the instant application for anticipatory bail is rejected.

Order Date :- 30.5.2022

Ishrat