Court No. - 67

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 8104 of 2022

Applicant :- Rajesh Shukla @Gopal Shukla

Opposite Party :- State Of U.P And Another

Counsel for Applicant :- Ashok Kumar Ojha,Sudhir Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel or the applicant and learned A.G.A.

Perused the record.

This second anticipatory bail application is moved on behalf of

Rajesh Shukla @ Gopal Shukla invoking the powers of Section

438 of Cr.P.C. apprehending his arrest in connection with Case

Crime No.0034 of 2022, u/s 376 I.P.C., Police Station Sevrahi,

District Kushi Nagar.

This is the second anticipatory bail application and the first

anticipatory bail application was rejected on 8.6.2022. I have

perused the entire material on record. Learned counsel for the

applicant has floated a number of arguments which have been

already discussed at the time of first anticipatory bail

application and he could not point out any new ground.

Learned A.G.A. submits that the allegations made in the F.I.R.

are severe in nature and the applicant deserves no liberty.

Thus, giving a panoramic view in the matter, the Court is not

inclined to exercise its power u/s 439 Cr.P.C. and in absence of

any new ground, this second anticipatory bail application is

REJECTED.

However, Investigating Officer of the case is directed to gear up

the matter and submit the report u/s 173(2) Cr.P.C. within next

three weeks.

Order Date :- 5.9.2022

M. Kumar

Digitally signed by MANISH KUMAR

Date: 2022.09.08 11:25:21 IST

Reason:

Location: High Court of Judicature

at Allahabad