Hemraj Singh vs State Of U.P. And Another
2023 Latest Caselaw 12774 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4317 of 2023
 

 
Applicant :- Hemraj Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Dutt Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. K.D. Tiwari, the learned counsel for applicant and the learned A.G.A. for State.

Perused the record.

This application for anticipatory bail has been filed by applicant-Hemraj Singh in connection with Case Crime No. 285 of 2018, under Sections 420, 467, 468, 471, 409, 120B/34, 406, 201 IPC and Section 13 Prevention of Corruption Act, Police Station-Amroha Nagar, District- Jyotiba Phoole Nagar (Amroha).

At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that since charge sheet has already been submitted against applicant after grant of sanction by the competent authority in terms of Section 19 of the P.C. Act. The sanction order has however not been challenged. There is no exceptional circumstance so as to warrant interference by this Court under Section 438 Cr.P.C. Reliance is also placed upon the judgment of the Apex Court in P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, wherein it has been observed that power under Section 438 Cr.P.C. should be exercised sparingly. He, therefore, submits that the present application for anticipatory bail is liable to be rejected.

When confronted with above, the learned counsel for applicant could not over come the same.

As a result, present application for anticipatory bail fails and is liable to be rejected.

It is accordingly rejected.

Order Date :- 25.4.2023/Vinay