Sonu Faujdar v. State of U.P. Thru. Addl. Chief Secy. Lko.
Case brief
What is this about?
Application for anticipatory bail under Section 438 Cr.P.C. regarding alleged bribery was rejected. The applicant was found to be absconding after ignoring a legal notice under Section 35(3) BNSS, making out no case for bail.
What the court decided
Neutral Citation No. - 2024:AHC-LKO:58216
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1941 of 2024 Applicant :- Sonu Faujdar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. Counsel for Applicant :- Pranshu Agrawal,Anadi Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for respondent State.
The present application has been filed by the applicant seeking anticipatory bail in Case Crime No.295 of 2024 under Section 7 of the P.C. Act, 1988, Police Station Mallavan, District Hardoi.
Learned A.G.A., at the outset submits that it is not a case of false implication. Complicity of the applicant in taking bribe has been recorded in the CCTV footage. The applicant is posted at Police Station Mallavan as Constable. Notice under Section 35(3) BNSS was given to him, however, he ignored it. The police team went to Mathura for his arrest which returned. Notice could not be served. Thereafter notice was pasted on his residence. It is thus submitted that the applicant is absconding since beginning. It is not a case of false implication.Tthe application is liable to be rejected.
Perused the record.
Issues for consideration
2 issues framed by the court
Whether an application for anticipatory bail under Section 438 Cr.P.C. should be allowed when the applicant appears to be absconding and has ignored investigation summons.
Whether the complicity of the applicant in taking a bribe, recorded in CCTV footage, precludes the granting of anticipatory bail.
Parties & counsel
- appellant
Sonu Faujdar
- respondent
State Of U.P.
Coram
Karunesh Singh Pawar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/1941/2024
All orders in this case
2 orders share this CNR
- Order 1 — this page · Karunesh Singh Pawar
- Order 2 · Karunesh Singh Pawar
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