Qamarunnisa And Another vs State Of U.P. And 2 Others
2022 Latest Caselaw 1404 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3081 of 2022
 

 
Applicant :- Qamarunnisa And Another
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Kamla Prasad Tiwari,Saurabh Kumar Tiwari
 
Counsel for Opposite Party :- G.A.,Bhavya Sahai
 

 
Hon'ble Ajit Singh,J.

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

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 260 of 2020 under sections 420, 467, 468, 471, 120B IPC, Police Station Dehli Gate, District Meerut, during the pendency of the investigation.

Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.

Learned A.G.A. and Learned counsel appearing on behalf of the Informant Sri Bhavya Sahai have submitted that the proceedings under section 82 Cr.P.C. have been initiated against the applicants.

Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and considering that the proceedings under section 82 Cr.P.C. have been initiated against the accused and also judgment of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 and Prem Shankar Prasad vs. State of Bihar passed in Criminal Appeal No.1209 of 2021, this Court does not find any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.

This anticipatory bail application is devoid of merit and it is accordingly, rejected.

Order Date :- 25.4.2022

AU