Ramayandas Tripathi vs State Of U.P.
2021 Latest Caselaw 6006 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11109 of 2021
 

 
Applicant :- Ramayandas Tripathi
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Nagendra Kumar Mishra,Manish Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Manish Dwivedi, 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.

This application for anticipatory bail has been filed by applicant in connection with Case Crime No. 79 of 2020, under Section 364 I.P.C., Police Station- Kalinjar, District- Banda.

At the very outset, learned AGA contends that charge sheet has been submitted against named accused. Furthermore as per instructions received by him, learned AGA contends that name of the applicant has surfaced in the statement of the victim who had been kidnapped.

Learned counsel for the applicant on the other hand has tried to pursuade the court by submitting that applicant is not named in the FIR. He has further invited attention of the court to various documents on record to demonstrate innocence of applicant as well as fallacy in the prosecution case.

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