This court dismissed an anticipatory bail application filed by Kusum Devi. The learned A.G.A. submitted that the Investigation Officer had already dropped the applicant's name and closed the investigation due to lack of material evidence. The court held the application infructuous and dismissed it.
None. Application dismissed as infructuous.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16137 of 2021
Applicant :- Kusum Devi Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahanshah Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case Crime no.28 of 2020, under Section 419, 420, 467, 468, 471 I.P.C., Police Station-Lalganj, District-Mirzapur.
Learned A.G.A., at the outset, has drawn the attention of the Court to the narratives sent by Sri Shiv Singh Yadav, I.O./S.I. of Police Station-Lalganj, District-Mirzapur dated 21.08.2021 in which it has been clearly mentioned that in case crime no.28 of 2020 under sections 419, 420, 467, 468, 471 I.P.C., police station-Lalganj, District-Mirzapur, involvement of the applicant in the alleged crime was not found and consequently, her name has been dropped and the investigation has been closed.
Keeping in view the aforesaid averements made in the narratives that there is no material collected during investigation against the applicant showing her involvement in the offence and as such, the present anticipatory has rendered infructuous.
Accordingly, the present anticipatory bail application stands dismissed as such.
Order Date :- 22.9.2021 Sumit S
Digitally signed by RAHUL CHATURVEDI Date: 2021.09.24 11:01:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an anticipatory bail application becomes infructuous if the Investigation Officer reports that the applicant's involvement in the alleged crime is not found and investigation is closed.
Kusum Devi
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
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