Reena v. State of U.P. and Another
Case brief
What is this about?
This order rejects an anticipatory bail application under Section 438 CrPC. The court found no grounds for bail as the first information report alleged the applicant accompanied a girl who went missing, leading to a potential impediment in the fair investigation.
What did the court decide?
Anticipatory bail under S. 438 CrPC refused; application rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 106 of 2020
Applicant :- Reena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Nafees Ahmad the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 320 of 2019, under Sections 363, 366 I.P.C., police station Bisauli, District Budaun.
The Court finds no ground to accord the facility of anticipatory bail to the applicant bearing in mind the unambiguous allegation in the first information report that the applicant had accompanied her son with whom the minor girl disappeared. The whereabouts of the girl have not been traced out till date. Additionally the Court notes that there is no assertion in the affidavit that the applicant is unaware of the whereabouts of her son or that he has never contacted her after the incident in question. The grant of anticipatory bail consequently would clearly impede a fair investigation. The prayer so made is refused.
The application consequently stands rejected .
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant facing charges under Sections 363 and 366 I.P.C. given the untraced whereabouts of a minor girl.
Whether the grant of anticipatory bail would impede a fair investigation when the applicant allegedly accompanied the minor girl who went missing.
Whether the applicant's knowledge of her son's whereabouts was a material consideration in deciding the bail application.
Parties & counsel
- applicant
Reena
Coram
Yashwant Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- ABAIL/106/2020
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