In this anticipatory bail application under Section 438 Cr.P.C., the court rejected the grant of bail. The court noted the applicant's criminal history and concluded that custodial interrogation was necessary, finding no case for indulgence in anticipatory bail.
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Neutral Citation No. - 2024:AHC-LKO:63143
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2109 of 2024
Applicant :- Imran
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Arshad Siddiqui,Akshay Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.305 of 2024 under sections 457, 380 I.P.C., P.S. Ramsanehi Ghat, district Barabanki.
2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.Notice to respondent No.2 is dispensed with in view of the proposed order.
3. A perusal of the record shows that the co-accused in police custody has taken the name of the applicant and confessed the guilt of committing theft. Recovery has been made from the coaccused.
4. Learned A.G.A. while opposing the bail submits that the applicant has criminal history of one case of like nature.
5.Considering the criminal antecedent of the applicant, as also complicity of the applicant in this case, custodial interrogation seems to be necessary. No case for indulgence in this application under section 438 CrPC is made out.
6.The application is rejected.
Order Date :- 12.9.2024/kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant given his criminal antecedent and the necessity of custodial interrogation.
1 provisions across 1 enactments
Imran
State Of U.P. Thru. Prin. Secy. Home Lko
Another
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
