Amit Kumar vs State of U.P. and 3 Others

Neutral Citation No. - 2024:AHC:121503

Court No. - 72

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6048 of 2024

Applicant :- Amit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anuj Kumar Mishra,Vachaspati Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the counsel for the applicants is taken on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.718 of 2019, under Sections 366 and 376 I.P.C., Police Station Kakarkheda, District Meerut.

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At the outset, learned A.G.A. submits that the investigation is pending against the applicant. Applicant is absconding. He is evading the process of law. Non-bailable warrant has been issued against the applicant on 07.12.2023. Process under Section 82 Cr.P.C. has also been issued on 24.03.2024. On that ground, he submits that the applicant is not entitled to be enlarged on anticipatory bail.

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Heard counsel for the applicant and Sri Anupam Anand, learned brief holder for the State and perused the record.

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There is no averment in the entire affidavit that the applicant is co-operating in the investigation and is ready to appear before the investigating agency as and when it is required. Further, issuance of the coercive process against the applicant by the court has also not been disputed by the counsel for the applicant.

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In view thereof, since the applicant has not co-operated in the investigation and has remained out of reach of the investigating agency, this court is not inclined to interfere in the present application.

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The application is hereby rejected.

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Order Date :- 30.7.2024/Neeraj

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Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

Amit Kumar v. State of U.P. and 3 Others

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Amit Kumar v. State of U.P. and 3 Others

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