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Anticipatory Bail Matters Concern Liberty Of Citizens and Required to be Given Priority: Allahabad High Court Directs State To Ensure 'Proper Assistance'

Sparsh Upadhyay
6 Jan 2021 5:47 AM GMT
Anticipatory Bail Matters Concern Liberty Of Citizens and Required to be Given Priority: Allahabad High Court Directs State To Ensure Proper Assistance
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"It is found in large number of cases, that the Investigating Officer/Circle Officer do not take Anticipatory Bail Matters with the seriousness required"

While noting that the Anticipatory Bail matters are 'serious' in nature and are required to be taken up on priority, as they concern the liberty of citizens of the country, the Allahabad High Court recently observed, "It is found in large number of cases, that the Investigating Officer/Circle Officer do not take them with the seriousness required, repeatedly time is sought...

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While noting that the Anticipatory Bail matters are 'serious' in nature and are required to be taken up on priority, as they concern the liberty of citizens of the country, the Allahabad High Court recently observed,

"It is found in large number of cases, that the Investigating Officer/Circle Officer do not take them with the seriousness required, repeatedly time is sought for instructions/counter affidavit or placing the relevant record before the Court."

The Bench of Justice Vivek Chaudhary was hearing an anticipatory bail application filed in connection with offences under Sections 376-D & 506 I.P.C.

When the case was taken on 20th November 2020, the A.G.A. had informed this Court that he had received instructions and would be filing the counter affidavit within ten days, as Medical Report of the victim which was not on record was required by the Court.

Accordingly, the case was fixed for 02nd December 2020, however, on the next date fixed, the counter affidavit was not filed and the A.G.A. again requested for one week's time and no more time was granted for filing the counter affidavit.

Again, when the case was taken up on 14th December the A.G.A. stated before the Court that despite repeated reminders being sent, no one had come for filing the counter affidavit.

To this, the Court expressed its displeasure and said,

"The present matter is one such glaring example, where FIR lodged for an offence of rape, the Medical report is necessarily required to be looked into, but is not being placed before this Court and thus the Court is not able to proceed."

Further, the A.G.A. was directed to send the copy of the instant order to the Additional Chief Secretary (Home) for issuing directions to all concern to ensure proper assistance to the Court expeditiously in all anticipatory bail application.

Case title - Pawan Kumar Yadav And Anr. v. State Of U.P. And Anr. [Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. No. - 9304 of 2020]

Click Here To Download Order Copy

[Read Order]

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