Amit Kumar vs State Of U.P. And Another
2021 Latest Caselaw 6081 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8446 of 2021
 

 
Applicant :- Amit Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shyam Shankar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

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

This application for anticipatory bail has been filed by applicant- Amit Kumar in connection with Case Crime No.0076 of 2020, under Sections 420, 408, 506, 120-B I.P.C., Police Station- Pilkhuwa, District- Hapur.

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 chargesheet was submitted in the matter on 20.09.2020. Upon instructions, learned A.G.A. contends that from the perusal of chargesheet dated 20.09.2020, 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 persons 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 :- 8.6.2021

A. Pandey