Afsar Jahan vs State Of U.P. And Another
2021 Latest Caselaw 5963 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10124 of 2021
 

 
Applicant :- Afsar Jahan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohammad Waseem
 
Counsel for Opposite Party :- G.A.,Syed Hasan Shaukat Abidi
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Mohammad Waseem, learned counsel for applicant on audio link, Mr. Syed Hasan Shaukat Abidi, learned counsel for informant on video link and Mr. Indrapal Singh Rajpoot, learned A.G.A. assisted by Mr. P.K. Sahi, learned brief-holder.

This application for anticipatory bail has been filed by applicant- Afsar Jahan in connection with Case Crime No.755 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station- Baheri, District- Bareilly.

At the very outset, learned A.G.A. contends that from the perusal of F.I.R. giving rise to this application for anticipatory bail, it is evident that a detailed inquiry report dated 29.05.2020 was submitted in the matter. However, the report has not been appended along with application for anticipatory bail. Upon instructions, learned A.G.A. contends that from the perusal of inquiry report dated 29.05.2020, the allegations made in the F.I.R. have been found to be substantially correct. He therefore contends that no case of anticipatory bail is made out against applicant.

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 :- 1.6.2021

Saif