Avinash Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Case brief
What is this about?
The Allahabad High Court dismissed an anticipatory bail application filed under Section 438 Cr.P.C. It held that the applicant failed to substantiate the claim of discrimination against a co-accused and did not appear without cause for nearly a week after the charge-sheet was questioned, pleading Section 82 Cr.P.C.
What did the court decide?
The order was remanded to the Special Judge for fresh consideration in light of the observations regarding the applicant's failure to justify the delay.