This order rejects an application for anticipatory bail filed in connection with offences under the IPC and Excise Act. The court found no exceptional ground to grant relief after considering the FIR, statements, and relevant judicial precedents.
The application for anticipatory bail under Section 438 Cr.P.C. is rejected.
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Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10126 of 2021
Applicant :- Sanjay Shrivastava @ Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Anjeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Anjeet Singh, learned counsel for applicant, who is available on audio link and Mr. Indrapal Singh Rajpoot, learned A.G.A. assisted by Mr. P.K. Sahi, learned brief-holder.
This application for anticipatory bail has been filed by applicant- Sanjay Shrivastava @ Sanjay in connection with Case Crime No.39 of 2021, under Sections 419, 420, 467, 468, 471, 272, 273 I.P.C. and Sections 60, 63, 72 of Excise Act, Police Station- Gazipur, District- Fatehpur.
At the very outset, learned A.G.A. contends that applicant is a named accused in the F.I.R. and his name has also come in the statement of co-accused, Pati Rakhan. He further submits that the statement of Pati Rakhan is inculpatory in nature and is admissible.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgment of Apex Court in 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.
Accordingly, the present application for anticipatory bail is rejected .
Order Date :- 1.6.2021 Saif
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. given the inculpatory evidence against him.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementReferred¶8
P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 · Who else cites this
1 provisions across 1 enactments
Sanjay Shrivastava @ Sanjay
Rajeev Misra
As recorded by the court registry
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