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TMI Blog2021 (6) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights. In the case of JOGINDER KUMAR VERSUS STATE OF UP. [ 1994 (4) TMI 385 - SUPREME COURT] , the Apex Court has referred to the third report of National Police Commission wherein it is mentioned that arrests by the police in India is one of the chief source of corruption in the police. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents and also the second surge in the cases of coronavirus and possibility of further surge of the pandemic, the applicant is entitled to be released on anticipatory bail for limited period in this case - t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required. Learned counsel for the applicant submitted that the applicant has falsely been implicated in this case. He has no criminal history to his credit. The applicant has definite apprehension that he may be arrested by the police any time. It has also been contended by learned counsel for the applicant that in the present matter, investigation is going on and no charge-sheet has been submitted till date. The said fact has not bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the arrests were either unnecessary or unjustified and that such unjustified police action accounted for 43.2 percent of expenditure of the jails. Personal liberty is a very precious fundamental rights and it should be curtailed only when it becomes imperative. According to the peculiar facts and circumstances of the case, the arrest of an accused should be made. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents and also the second surge in the cases of coronavirus and possibility of further surge of the pandemic, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all make a declaration of such verification in writing. In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant. The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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