In this criminal miscellaneous anticipatory bail application, the Hon'ble Court, after hearing counsel and considering the charge sheet and a judgment of the Apex Court, found no exceptional ground to exercise discretionary jurisdiction, and rejected the application.
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Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10795 of 2021
Applicant :- Sunil Modanwal @ Jangali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Kamlesh Kumar Singh, learned counsel for applicant and Mr. Indrapal Singh Rajput, Mr. Prashant Kumar, learned A.G.A assisted by Mr. P.K. Sahi, learned brief holder for State.
At the very outset, learned A.G.A. submits that charge sheet has been submitted against all the named accused including applicant on 8.4.2021.
This application for anticipatory bail has been filed by applicant in connection with Case Crime No. 200 of 2020, under Sections 147, 148, 149, 323, 504, 506, 452, 427, 342, 308 I.P.C., Police Station- Chakiya, District- Chandauli.
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 17:56:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C.?
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
Sunil Modanwal @ Jangali
Rajeev Misra
As recorded by the court registry
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