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2021 Supreme(All) 307

RAJEEV SINGH
Mohammad Azam Khan – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nadeem Murtaza, Sheeran Mohiuddin Alavi

JUDGMENT :

1. The Court convened through video conferencing.

2. Heard Shri Kapil Sibbal, learned Senior Counsel, Shri I.B. Singh, learned Senior Advocate assisted by Shri Zuber Ahmad, Advocate for the applicant and Shri Santosh Kumar Mishra, learned Additional Government Advocate appearing for the State-respondent.

3. The present application for anticipatory bail under Section 438 Cr.P.C. has been filed on behalf of the applicant with the prayer to enlarge him on anticipatory bail in the event of his arrest/being taken into judicial custody in connection with the F.I.R./Case Crime No.02 of 2018, under Sections 409, 420, 120-B, 201 I.P.C. and Section 13(1)(d) PC Act, Police Station SIT, District Lucknow.

4. Learned A.G.A. has raised preliminary objection with regard to the maintainability of the present bail application under Section 438 Cr.P.C. on the ground that as per the report of District Superintendent of Police, Rampur dated 12.11.2020, the applicant is already detained in District Jail, Sitapur in relation to Case Crime No.980 of 2019, under Sections 420, 467, 468, 471, 120-B I.P.C., P.S. Civil Lines, District Rampur and Case Crime No.392 of 2019, under Sections 420, 467, 468, 4

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