This single-line order dismissed an anticipatory bail application, reasoning that the prima facie case suggested custodial interrogation.
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Neutral Citation No. - 2024:AHC-LKO:56204
Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1829 of 2024 Applicant :- Arvind @ Arvind Tiwari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Praveen Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 108/2021, under Sections 307/504/506/147 IPC, P.S. Sangipur, District Pratapgarh.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants submits that the applicants have been falsely implicated. They undertake to cooperate in the investigation.
Learned AGA has opposed the bail application.
Perused the record.
Perusal of the record shows that there is allegation on the applicants that they along with co-accused persons with in intent to kill fired at the victim. The injured sustained fire arm injury. The applicant is named in the FIR which was lodged in the year 2021. Perusal of the record further shows that the applicant is absconding and due to non-availability of the applicant, charge sheet could not be filed against them, however, the persons who were arrested, charge sheet has been filed against them on 01.09.2021.
Prima facie it appears to be a case of custodial interrogation, hence, the bail application of the applicant is dismissed .
Order Date :- 14.8.2024/R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
Arvind @ Arvind Tiwari
State Of U.P., Thru. Prin. Secy. Home
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
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