Jatin @ Jitin Chauhan v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12605 of 2023 Applicant :- Jatin @ Jitin Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.

¶2This Criminal Misc. Anticipatory Bail Application has been filed seeking anticipatory bail in Case Crime No. 229 of 2023, under Section 392 IPC, P.S. Chandaus, District Aligarh during the pendency of investigation.

¶3Allegation against the applicant is that he along with other accused persons are said to have looted Rs 3,26,100/-, mobile and laptop belonging to the informant at pistol point.

¶4It is submitted that in this case applicant is innocent and has been falsely implicated by the police with ulterior motive. It is further submitted that applicant is not named in the FIR. His name came into light during investigation in the confessional statement of co accused. There is no credible evidence to connect the applicant with the crime in question. The applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

¶5Learned Additional Government Advocate, has opposed the prayer for granting anticipatory bail to the applicant. It is further submitted that looking to the seriousness of offence, no case for bail is made out.

¶6In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation, this Court is of the view that no case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of applicant.

¶7Accordingly, this application under Section 438 Cr.P.C. is rejected. Applicant is directed to move regular bail application before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously in accordance with law. Order Date :- 24.11.2023 RavindraKSingh High Court of Judicature at Allahabad