Shivam @ Lalu vs State Of U.P. And Anr.
2022 Latest Caselaw 19823 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4079 of 2021
 

 
Applicant :- Shivam @ Lalu
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Pawan Kumar Pandey,Mohd. Amir Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

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

This application under section 438 Cr.P.C. has been filed after rejecting his anticipatory bail application of the applicant on 8.3.2021 by learned Incharge Sessions Judge, Sitapur seeking anticipatory bail in connection with Case Crime No.292 of 2020 under Sections 272/273 I.P.C. and Section 60, 63 of U.P. Excise Act, Police Station-Kamlapur, District-Sitapur.

Learned counsel for the applicant has submitted that the name of the applicant came into light on the confessional statement of co-accused Mahendra. The applicant has no criminal history. Vide order dated 15.04.2021 the applicant was granted interim anticipatory bail and the same has not been misused by the applicant.

Per contra learned Additional Govt. Advocate for the state of U.P. opposed the prayer for granting anticipatory bail to the applicant by contending that investigating officer after due investigation submitted charge sheet dated 5.5.2021 in this case on the basis of cogent material against the applicant, therefore as on date cognizable offence is made out against the applicant and it can not be presumed that he has been falsely implicated.

Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused-applicant 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. in favour of the applicant.

Accordingly, the instant application for anticipatory bail is rejected.

Order Date :- 3.12.2022

Ram.