Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Samit Gopal,J.
Mukul Kumar Jain – Appellant
Versus
Central Bureau Of Investigation Through Senior Superintendent Of Police Acb Dehradun – Respondent
| Table of Content |
|---|
| 1. procedural history of the case and adjournments. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of the fir and allegations against the applicants. (Para 6 , 7 , 8 , 9) |
| 3. status of anticipatory bail applications. (Para 10 , 11 , 12) |
| 4. arguments and submissions from both parties. (Para 13 , 14 , 15) |
| 5. court's observations on jurisdiction and compliance. (Para 16 , 17 , 18) |
| 6. legal reasoning regarding non-compliance and dismissal. (Para 19 , 20 , 21) |
| 7. final order dismissing the application. (Para 22) |
1. On 03.01.2025 the following order was passed by this Court:-
“1. List revised.
2. Heard Sri Mayank Kumar Jain, Advocate holding brief of Sri Shiv Sagar Singh, learned counsel for the applicants who appears in the present matter as well as in the connected matter and Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel for C.B.I. in both the matters.
3. The present application is connected with Application U/S 482 Cr.P.C. No. 11034 of 2024 (Mukul Jain And Another vs. Central Bureau Of Investigation) in compliance of order dated 27.09.2024.
4. Records show that the present matter has been listed today in the Additional Cause List / Unlisted List
Inherent powers under Section 482 Cr.P.C. cannot be invoked by absconding accused to quash proceedings; non-cooperation in investigation disqualifies them from relief.
The applicant, who concealed facts and filed a false affidavit, and made a mockery of the orders of the lower court by avoiding the process of summon, bailable warrant, non-bailable warrant, and the ....
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
Supplementary charge sheets can be filed without prior court permission under Section 173(8) CrPC, reinforcing the court's authority and the need for clean hands in seeking judicial relief.
The court emphasized the need for fair and impartial investigation to strengthen the judicial process and highlighted the complementary roles of the police in investigation and the judiciary in trial....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
