The Court rejected an application for anticipatory bail filed under Section 438 Cr.P.C. The applicant, facing charges under Sections 498A and 304B IPC, was denied relief as no exceptional grounds were found after hearing counsel and perusing the charge sheet and precedent.
The application for anticipatory bail was rejected.
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Court No. - 89
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11366 of 2021
Applicant :- Jony @ Vinay Jatav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ramesh Kumar Pandey, learned counsel for applicant and Mr. Indrapal Singh Rajpoot, learned A.G.A. assisted by Mr. P.K. Sahi, learned brief-holder for State, through video conferencing.
This application for anticipatory bail has been filed by applicant- Jony @ Vinay Jatav in connection with Case Crime No.547 of 2021, under Sections 498A, 304B I.P.C., Police Station- Kavi Nagar, District- Ghaziabad.
At the very outset, learned A.G.A. submits that charge sheet has been submitted against applicant in above-mentioned case crime number.
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 :- 2.6.2021 Saif
Digitally signed by Justice Rajeev Misra Date: 2021.06.03 11:15:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether exceptional grounds exist to exercise discretionary jurisdiction for anticipatory bail under Section 438 Cr.P.C.
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P. Chidambaram Vs. Directorate of EnforcementExplained¶8
P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 · Who else cites this
1 provisions across 1 enactments
Jony @ Vinay Jatav
State of U.P.
Rajeev Misra
As recorded by the court registry
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