Amit Kumar vs State Of U.P. And Another
2021 Latest Caselaw 6080 ALL

Citation : 2021 Latest Caselaw 6080 ALL
Judgement Date : 8 June, 2021

Allahabad High Court

Amit Kumar vs State Of U.P. And Another on 8 June, 2021

Bench: Mahesh Chandra Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8453 of 2021
 
Applicant :- Amit Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amrit Shanker Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

As per Resolution of this Court, for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.

Heard learned counsel for the applicant and learned A.G.A for State.

The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Amit Kumar, in Case Crime No.301 of 2019, under Sections-354-B I.P.C. and Section 7/8 of the Protection of Children From Sexual Offences Act, Police Station- Barsana, District- Mathura.

At the very outset, learned A.G.A. contends that in the present matter Final Report has been submitted on 22.11.2019 in favour of the applicant and other co-accused persons. Thereafter, the first informant has preferred protest petition. The same was entertained by the Court below and summons were issued in the matter and as such, at this stage, the accused may not be enlarged on anticipatory bail.

Having heard learned counsel for the parties and upon perusal of material brought on record as well as taking into account the nature of accusations and severity of punishment in the case of conviction 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.

In this view of the matter, this anticipatory bail application is rejected. The applicant will, however, have liberty to seek such remedies relating to the present crime/FIR, as may be advisable under the law.

Order Date :- 8.6.2021

A. Pandey