Rahul vs State Of U.P.
2021 Latest Caselaw 6874 ALL

Citation : 2021 Latest Caselaw 6874 ALL
Judgement Date : 30 June, 2021

Allahabad High Court

Rahul vs State Of U.P. on 30 June, 2021

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7505 of 2021
 

 
Applicant :- Rahul
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Pushpendra Singh,Wahid Jamal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No.0112 of 2020, under Sections 270, 269, 188, 420 of I.P.C. and Section 60/72 of U.P. Excise Act, Police Station- Chattari, District- Bulandshahr.

The factual data which is mentioned in the F.I.R. will also not permit this Court to exercise its extraordinary jurisdiction. The accused is a habitual offender against whom earlier cognizable offence is registered being Case No. 373 of 2020. The applicant's anticipatory bail application before the Court below was rejected on 19.02.2021. This application was filed on 25.02.2021. Learned counsel for the applicant is not aware that the police has arrested the accused or not. There are wrong averments made in the paragraph 26 that there are no antecedent against the accused. The contours of grant of anticipatory bail having been perused by this Court. The recent judgment of the Apex Court for grant or denial of anticipatory bail are enumerated in the case of Jinnar Ali Vs. State of West Bengal 2019 (11) SCC 570. In the present case, the applicant has not come to this Court with clean hands. The accused cannot be said to have been falsely implicated. The factual data goes to show that the police during lockdown on the basis of an information, they came to know that all the six persons from the vehicle were caught at 00:35 hour of 09th April, 2020 . The present applicant was earlier arrested and he conveyed that they were selling illegal liquor and the act of the accused is against the public health also. In that view of the matter, the contours for grant of anticipatory bail in such case cannot be granted.

This anticipatory bail application is rejected. The accused shall be taken into custody forthwith.

Order Date :- 30.6.2021 // Krishna*