HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11072 of 2021 Applicant :- Mohammad Kamil Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- C.S.C.,Rajesh Kumar Yadav Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Kumar Mishra, 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 and Mr. Rajesh Kumar Yadav, learned counsel for informant, who is also available on video link.
This application for anticipatory bail has been filed by applicant- Mohammad Kamil in connection with Case Crime No.22 of 2021, under Sections 498A, 323, 354, 313, 506 I.P.C. and Sections 3/4 of D.P. Act, Police Station- Dhanari, District- Sambhal.
At the very outset, learned counsel for informant submits that Section 376D I.P.C. has been added against present applicant.
When confronted with aforesaid, learned counsel for applicant does not dispute the aforesaid submission.
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 :- 3.6.2021 Saif