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Mohammad Anas v. State Of U.p. And Another

Mohammad Anas v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16662 of 2021 | 24-01-2022

Rajeev Misra,J.

1. Heard Mr. C.P. Tiwari, learned counsel for applicant and learned A.G.A. for State, who are connected virtually.

2. This application for anticipatory bail has been filed by applicant Mohammad Anas, in connection with Case Crime No. 174 of 2018, under sections 379, 411, 279, 336, 431, 432 and 120B IPC 1860, Sections 4 and 21 Mines and Minerals (Regulation and Development) Act 1957 and Sections 3 and 5 Prevention of Damage to Public Property Act, 1984, P.S. Panwari, District Mahoba.

3. At the very out set learned A.G.A. submits that charge sheet has already been submitted against applicant.

4. Having heard learned counsel for parties and upon perusal of material brought record as well as complicity of the accused and also judgement 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.

5. Accordingly, present application for anticipatory bail is rejected.

Advocate List
  • Chandra Prakash Tiwari

  • G.A.

Bench
  • Hon'ble Justice Rajeev Misra
Eq Citations
  • LQ
  • LQ/AllHC/2022/1698
Head Note

Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Rejection of anticipatory bail application — No exceptional ground found to exercise discretionary jurisdiction under S. 438 — Application for anticipatory bail rejected — Mines and Minerals (Regulation and Development) Act, 1957, Ss. 4 and 21