Court refused anticipatory bail to applicant Hakimuddin due to non-cooperation in investigation, initiation of proceedings, criminal history, and grievous nature of injuries causing no ground for relief under Section 438 CrPC.
Application refused; interim protection not extended.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42435 of 2019
Applicant :- Hakimuddin @ Patley Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.,Pankaj Kumar Tripathi
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri Pankaj Tripathi, learned counsel for the informant as well as Sri Vikas Sahai, learned AGA.
The Court notes that the applicant was accorded the facility of interim protection in terms of the order passed on 16 October 2019. However learned AGA apprises the Court that the applicant has not cooperated in the investigation and that proceedings under Section 82/83 Cr.P.C. have already been initiated. The Court additionally takes into consideration the criminal history of the applicant which is duly noticed in the order passed by the Additional Sessions Judge.
Bearing in mind the nature of the offences in which the applicant stands named, the Court finds no ground to accord anticipatory bail to the applicant. This more so in light of the grievous nature of injuries which are noticed in the supplementary medical report appended at page 34 to the application.
The application is consequently refused.
Order Date :- 2.1.2020
LA/-
1 issue framed by the court
Whether anticipatory bail should be granted to an applicant who has not cooperated in investigation and has a criminal history.
1 provisions across 1 enactments
Hakimuddin
State of U.P.
Yashwant Varma
As recorded by the court registry
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