A criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C. was dismissed. The court held that the facts did not merit the extraordinary remedy of anticipatory bail in a case involving serious charges of attempted kidnapping and extortion.
No anticipatory bail granted; application dismissed.
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Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11984 of 2022
Applicant :- Ravi Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
1.Heard Shri Anand Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.
(i) The applicant was not named in the F.I.R. as the boy who was attempted to be kidnapped did not know the applicant;
(ii) during investigation, the complicity of his own driver came into light and he gave a statement imputing a direct allegation
on him that he and two others hatched a conspiracy to kidnap the informant son and to extort Rs.10 lakh as ransom;
(iii) the statement of the co-accused holds a precious position as far as the investigation is concerned;
(iv) any indulgence on the part of the Court at this stage may prove a hurdle in effective investigation and thorough interrogation of the applicant.
Order Date :- 30.1.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. given the serious charges of attempted kidnapping and extortion.
Whether the delay in naming the applicant in the F.I.R. is sufficient grounds to grant anticipatory bail despite the gravity of the allegations.
2 provisions across 2 enactments
Ravi Rajbhar
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
