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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW
Hon'ble Subhash Vidyarthi,J.
Vipin Tiwari – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. – Respondent
| Table of Content |
|---|
| 1. factual background of the case and incident. (Para 2 , 28 , 29 , 30) |
| 2. arguments regarding bail application and potential influence on investigation. (Para 3 , 4 , 24 , 25) |
| 3. ratio decidendi regarding the conflict of statutory provisions and bail decision. (Para 5 , 6 , 9 , 12 , 14 , 46) |
| 4. court's reasoning on statutory provisions and principles of natural justice. (Para 7 , 8 , 10 , 11 , 15 , 16 , 17 , 18 , 20 , 21 , 22 , 23 , 43 , 44) |
| 5. final conclusion allowing bail and comments on court proceedings. (Para 45 , 48 , 49) |
JUDGMENT :
Hon’ble Subhash Vidyarthi J.
1. Heard Shri Ajai Kumar Shukla, the learned counsel for the applicant, Shri Anurag Verma, the learned A.G.A.-I for the State, Shri Bhuwan Raj, the learned counsel for the informant and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.317 of 2024 under Sections 109(1), 324(4), 351(3), 103(1), 61(2) of Bhartiya Nyaya Sanhita (which will hereinafter be referred to as ‘the B.N.S.’) registered at Police Station-Lalganj, District- Pratapgarh.
3. The learned Counsel for the applicant submitted that a co-accused person Sachin Mishra @ Adarsh Mish
The court ruled that accused individuals must be provided access to prosecution materials to ensure a fair trial, prioritizing their rights under Section 230 BNSS over conflicting provisions.
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
The non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
The court emphasized the necessity of adhering to Section 309 Cr.P.C. for timely witness examination to prevent undue influence and ensure justice in criminal trials.
Failure to serve grounds of arrest immediately renders the arrest illegal, entitling the accused to bail, emphasizing the importance of personal liberty and compliance with constitutional rights.
A fair investigation is crucial; discrepancies in witness testimonies and procedural lapses can lead to acquittal if the prosecution fails to prove guilt beyond reasonable doubt.
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