Citation : 2021 Latest Caselaw 4854 ALL
Judgement Date : 5 April, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6870 of 2021 Applicant :- Ruma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Javed Habib,Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Javed Habib, learned counsel for applicant and learned A.G.A. for State
2. This application for anticipatory bail has been filed by applicant-Ruma in connection with Case Crime No.15 of 2021, under Sections 3/7 Essential Commodities Act and Section 420 I.P.C., Police Station-Alapur, District-Budaun.
3. At the very outset, learned A.G.A. submits that applicant has filed a Writ Petition No. 1778 of 2021 before this Court against the impugned F.I.R dated 14.01.2021 being aforesaid case crime number, the same was dismissed as withdrawn vide order dated 23.02.2021. For ready reference order dated 23.02.2021 is reproduced herein under:
"Learned counsel for the petitioner, at the outset, wants to withdraw this petition with liberty to file appropriate application seeking anticipatory bail before the competent Court.
Petition is, accordingly, dismissed as withdrawn, with the aforesaid liberty.
Registry is directed to return certified copy of impugned FIR to the petitioner after accepting xerox of the same.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
4. 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.
5. Accordingly, the present application for anticipatory bail is rejected.
Order Date :- 5.4.2021
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