In this anticipatory bail application, the Court examined the applicant's criminal history and relevant prior precedents. Finding no exceptional grounds to exercise discretion, the Court rejected the bail plea.
The application for anticipatory bail is rejected as no exceptional grounds exist for its grant.
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Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10780 of 2021
Applicant :- Gulab And 23 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A.,Mohammad Waseem,Mohd. Abrar Khan
Hon'ble Rajeev Misra,J.
Heard Mr. Ram Janam Shahi, learned counsel for applicants and Mr. Indrapal Singh Rajput, Mr. Prashant Kumar, learned A.G.A., Mr. P.K. Sahi, learned brief holder for State Mr. Mohammad Waseem.
This application for anticipatory bail has been filed by applicant in connection with Case Crime No.121 of 2021, under Sections 147, 148, 149, 323, 504, 506, 307, 188, 269, 427, 452 I.P.C., Police Station- Karari District-Kaushambi.
At the very outset learned A.G.A. as well as learned counsel for informant jointly contend that averments made in paragraph 19 of the affidavit filed in support of present bail application that applicant has no criminal history is manifestly incorrect, inasmuch as all the applicants have criminal history and the same has not been explained.
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 the Apex Court in the case of 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 :- 3.6.2021 Arshad
Digitally signed by Justice Rajeev Misra Date: 2021.06.03 18:01:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether exceptional grounds exist to grant anticipatory bail under Section 438 Cr.P.C.
Whether the applicant's averment of no criminal history is acceptable in light of record material.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementRelied on¶8
P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 · Who else cites this
1 provisions across 1 enactments
Gulab And 23 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
