Dismissed

Shahnawaz Ahmad v. Gov. of India Thru. Assistant Dir. Directorate of Enforcement Allahabad Sub Zonal Office Allahabad

Allahabad HC18 Oct 2024/2253/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an anticipatory bail application under Section 438 CrPC. The court held that since the investigation was completed and a complaint filed, there was no apprehension of arrest essential for granting anticipatory bail following Tarsem Lal.

What did the court decide?

Application for anticipatory bail dismissed due to non-existence of apprehension of arrest.

Shahnawaz Ahmad Vs Gov. of India Thru. Assistant Dir… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70488

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Court No. - 18

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2253 of 2024

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Applicant :- Shahnawaz Ahmad Opposite Party :- Gov. Of India Thru. Assistant Dir. Directorate Of Enforcement Allahabad Sub Zonal Office Allahabad Counsel for Applicant :- Himanshu Hemant Gupta Counsel for Opposite Party :- Rohit Tripathi

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Himanshu Hemant Gupta, the learned counsel for the applicant as well as Sri Shiv P. Shukla, the learned counsel for the Directorate of Enforcement and perused the records.

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The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.ECIR/05/VSI/LZO/2012, Complaint Case No.02 of 2016, under Section 3/4 of Prevention of Money Laundering Act, 2002, registered at Police Station Directorate of Enforcement, Varanasi Sub Zonal Office, District Allahabad.

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It has been stated in the affidavit filed in support of the application that the applicant was not arrested during investigation which already stands completed and a complaint has already been filed in the competent court. In these circumstances, there appears to be no apprehension of arrest of the petitioner which is an essential condition of grant of anticipatory bail in view of the law laid down by the Hon'ble Supreme Court in the case of Tarsem Lal Vs. Directorate of Enforcement: (2024) 7 SCC 61 .

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As there is no apprehension of the applicant' arrest the application for anticipatory bail is dismissed for the aforesaid reason.

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In case the applicant files any application before the learned trial court in the light of law laid down by the Hon'ble Supreme Court in the case of Tarsem Lal (Supra), the same shall be considered and decided by the court concerned in accordance with law without being prejudiced by this order.

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( Subhash Vidyarthi, J. )

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Order Date :- 18.10.2024 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Shahnawaz Ahmad v. Gov. of India Thru. Assistant Dir. Directorate of Enforcement Allahabad Sub Zonal Office Allahabad

Case brief

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Shahnawaz Ahmad v. Gov. of India Thru. Assistant Dir. Directorate of Enforcement Allahabad Sub Zonal Office Allahabad

Case brief

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What did the court decide?

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