In this anticipatory bail application filed under Section 438 Cr.P.C. for alleged offences under the Excise Act, the High Court of Judicature at Allahabad rejected the plea, finding no good reason to grant indulgence following the rejection by the Sessions Court.
Anticipatory bail application was rejected by the Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14995 of 2021
Applicant :- Ikraru Opposite Party :- State of U.P. Counsel for Applicant :- Tarkeshwar Mishra,Pradhumn Kumar Pandey
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A and perused the record.
The instant application is being moved by the applicant namely, Ikraru invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no. 97 of 2021, under Section 60/63 Excise Act, Police Station- Simbhawali, District- Hapur.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the court of sessions vide order dated 14.06.2021.
After perusing the FIR, the Court do not find any good reason to grant indulgence in favour of the applicant, accordingly, the present anticipatory bail application is hereby REJECTED.
Order Date :- 27.8.2021 Nisha
Digitally signed by RAHUL CHATURVEDI Date: 2021.09.01 12:33:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted when invoked for offences under Section 60/63 Excise Act.
Whether sufficient grounds are made out to grant anticipatory bail after rejection by the lower court.
2 provisions across 2 enactments
Ikraru
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
