Dismissed

Kamlesh and 3 Others v. State of U.P. and Another

Allahabad HC19 Jul 2021ABAIL/10679/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C., the High Court of Judicature at Allahabad rejected the application. The court held that custodial interrogation was imperative for an in-depth probe and found no grounds for the claim of false implication, thus exercising no discretion in favor of the applicant.

What did the court decide?

Application for anticipatory bail dismissed. Grant of further time not required.

Kamlesh and 3 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10679 of 2021

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Applicant :- Kamlesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar,Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicants and learned AGA for the State and perused the material on record.

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The present anticipatory bail application initially was registered as case crime no.114 of 2021, under Sections308, 323, 324,504, 506 IPC, P.S. Meerganj, District Bareilly.

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From the record, it is evidence that the applicants haved approached this Court straightway without their anticipatory bail rejected from the court below.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.

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Learned AGA has informed the Court that the applicant is named accused person who along with his three other accomplice assaulted upon the injured person.

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The Court feels that in order to have indepth probe into the matter custodial interrogation is imperative. Learned AGA submits that instant case is not the case of false implication. Thus, giving a panoramic view of the matter the Court is not inclined to exercise its powers in favour of the applicant, and thus the present anticipatory bail application is hereby rejected .

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Order Date :- 19.7.2021 Abhishek Sri.

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Digitally signed by Justice Rahul Chaturvedi Date: 2021.07.21 13:22:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Kamlesh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kamlesh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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