The Allahabad High Court rejected an anticipatory bail application filed by Shabab Menhdi under Section 438 Cr.P.C. regarding charges of cheating and intimidation. The court found no exceptional grounds for bail.
Application for anticipatory bail under Section 438 Cr.P.C. rejected.
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Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11107 of 2021
Applicant :- Shabab Menhdi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Sharma,Abhas Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajesh Kumar Sharma, learned counsel for applicant, who is available on video link, Mr. Prashant Kumar, learned A.G.A. assisted by Mr. P.K. Sahi, learned brief holder for State.
This application for anticipatory bail has been filed by applicant-Shadab Mehndi in connection with Case Crime No. 85 of 2016, under Sections 420, 506 I.P.C., Police StationBhawanpur, District- Meerut.
At the very outset, learned AGA contends that charge sheet has been submitted on 30.5.2018 against applicant.
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 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 SA
Digitally signed by Justice Rajeev Misra Date: 2021.06.05 14:17:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether exceptional grounds exist to exercise discretion under Section 438 Cr.P.C. for issuance of anticipatory bail.
Whether the explanation of accused and application of Apex Court judgment suffice to reject the bail application.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementDistinguished¶8
P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 · Who else cites this
1 provisions across 1 enactments
Shabab Menhdi
State of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
