Dismissed

Akash Kashyap v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Govt. Lko and Another

Allahabad HC24 Sept 2024ABAIL/2196/2024

Case brief

AI extract

What is this about?

This judgment dismisses an anticipatory bail application. The court held that custodial interrogation was necessary to determine the actual driver, presence of the applicant at the scene was evident, and the case did not appear to be one of false implication.

What did the court decide?

The anticipatory bail application of the applicant is dismissed; order passed refusing bail.

Akash Kashyap vs State of U.P. Thru. Addl. Chief… — Motor Accident Claims | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66296

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2196 of 2024 Applicant :- Akash Kashyap Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Govt. Lko And Another Counsel for Applicant :- Desh Raj Singh Yadav Counsel for Opposite Party :- G.A.,Manish Singh Chauhan

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in case crime/FIR No. 53/2024, under Sections 304/34 I.P.C., P.S. Kurebhar, District Sultanpur.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as Shri Manish Singh Chauhan, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record

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In the prosecution case, it is alleged that on 28.03.2024 at about 11 pm, the cousin brother of the complainant with his family members in car No. DL12CX2719 was at the parking of Guptarganj Toll Plaza. While he was attending call of nature near the road, all of a sudden, the driver of vehicle No. UP32AV4295 driving rashly hit him from behind and due to which he suffered several injuries. He was taken to District Hospital Sultanpur where he was declared dead.

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Learned counsel for the applicant submits that no one has seen as to who was the driver of the vehicle. The applicant was sitting in the vehicle. He has been falsely implicated. It is a case of accidental death.

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Per contra, learned AGA as well as learned counsel for the

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complainant has opposed the bail application. Learned AGA has submitted that there are statements of the independent witnesses who were employee of the toll plaza, who have stated that while the vehicle No. DL12CX2719 was parked on the side and the ladies were taking selfie, all of a sudden from the side of the toll plaza, a car bearing No. UP32AV4295 came very rashly and teased the ladies/girls of the complainant's family which was opposed by Prashant Kumar (deceased) and then the car bearing No. UP32AV4295 after taking u-turn hit Prashant Kumar and due to that he suffered grievous injuries and later on was declared dead.

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Learned AGA has further submitted that it is not a case of accidental death. Intentionally by taking u-turn, car has been run over run over the deceased. The offence is grievous. It cannot be said that it is a case of false implication.

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Perused the record.

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On due consideration to the fact that the offence is grievous; custodial interrogation is necessary to know as to who was actually driving the car; it cannot be said that it is a case of false implication as the applicant has admitted the fact that he was in the car; prima facie from perusal of the record, presence of the applicant is evident at the place of incident. It is not a case of false implication.

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Accordingly, the anticipatory bail application of the applicant is dismissed.

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Order Date :- 24.9.2024 R.C.

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Akash Kashyap v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Govt. Lko and Another

Case brief

What is this about?

What did the court decide?

Akash Kashyap v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Govt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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