Dismissed

Shubham Tiwari @ Kushal Tiwari and Another v. State of U.P. Thru. Secy. Home Lko and Another

Allahabad HC13 Nov 2024ABAIL/2512/2024

Case brief

AI extract

What is this about?

This single-judge court rejected the anticipatory bail application of Shubham Tiwari joined to another unraised. The judge dismissed one applicant who was already in custody and denied relief to the main applicant due to the serious nature of the kidnapping and illegal importation charges.

What did the court decide?

Anticipatory bail application is rejected; application for applicant already arrested is dismissed.

Shubham Tiwari @ Kushal Tiwari and Another vs State of… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:74936

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2512 of 2024 Applicant :- Shubham Tiwari @ Kushal Tiwari And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko And Another Counsel for Applicant :- Anuradha Arora Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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At the very outset, learned counsel for the applicant submits that applicant no. 2 has been arrested, therefore he is not pressing the present anticipatory bail application on behalf of the applicant no.2 and he is pressing the present anticipatory bail application only on behalf of the applicant no. 1.

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In view of the aforesaid, the anticipatory bail application on behalf of the applicant no. 2 is dismissed.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record .

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release the applicantShubham Tiwari @ Kushal Tiwari on anticipatory bail in Case Crime No. 345 of 2022, under Sections 363, 366-A, 370, 328, 120-B I.P.C. Police Station -Raniganj District- Pratapgarh.

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The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that he is the only 24 years old and he is only bread earner of his family. He added that the applicant undertakes that he will cooperate with the investigation proceedings as well as in the trial proceedings and would never abscond from the same. He next added that there is acute apprehension that police will arrest him thus, submission is that the the applicant may be granted anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that nature of the offence is serious and the statement of the witness is intact, therefore, he is not entitled for any relief.

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After hearing the parties concerned and considering the aforesaid facts and circumstances of the case including the statement of the victim, this Court finds no good ground to interfere in the matter thus, the present applicant is not entitled to get the benefit of anticipatory bail; the anticipatory bail application is hereby rejected.

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Order Date :- 13.11.2024 Anuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shubham Tiwari @ Kushal Tiwari and Another v. State of U.P. Thru. Secy. Home Lko and Another

Case brief

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Shubham Tiwari @ Kushal Tiwari and Another v. State of U.P. Thru. Secy. Home Lko and Another

Case brief

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