Yasir Lutera @ Mohd. Yasar vs State Of U.P. And Another
2021 Latest Caselaw 6003 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11306 of 2021
 

 
Applicant :- Yasir Lutera @ Mohd. Yasar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prakash Chandra Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Mukesh Kumar, learned counsel for the applicant, who is available on video link, Mr. Prashant Kumar, learned A.G.A. assisted by Mr. P.K. Sahai, learned brief holder for the State.

This application for anticipatory bail has been filed by applicant in connection with Case Crime No. 59 of 2021, under Sections 147, 148, 149, 307, 323 and 504 I.P.C. and Section 7 of CLA Act, 1932, Police Station- Kotwali, District- Kanpur Nagar.

Learned counsel for the applicant contends that applicant is innocent, is not involved in the crime in question. He has further submits that no offence under Section 307 IPC is made out.

Per contra, learned AGA has opposed this application by submitting that applicant has failed to explain as to how the injuries came to be sustained by the injured.

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 the Apex Court in the case of 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

SA