HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Raju Alias Rajkumar – Appellant
Versus
State Of U.P – Respondent
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard Kusum Mishra, learned counsel for the applicant and Sri Anoop Trivedi, learned AAG assisted by Sri Pankaj Saxena as well as Sri D.P.S. Chauhan, learned A.G.A. for the State.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.344 of 2025, under Sections 305(a), 331(4), 317(2) BNS, Police Station- Kotwali Dehat, District Mirzapur.
3. This matter was heard on 28.01.2026. On that date, following order was passed;
"1. Heard Ms. Kusum Mishra, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.344 of 2025, under Sections 305(a), 331(4), 317(2) BNS, Police Station- Kotwali Dehat, District Mirzapur.
3. Upon perusal of the F.I.R., this Court found that the matter pertains to a police encounter in which the applicant sustained grievous injuries. Thereafter, vide order dated 13.01.2026, this Court directed the learned A.G.A. to seek instructions in compliance with the judgment of the Hon'ble Apex Court i
People's Union for Civil Liberties (PUCL) and another vs State of Maharashtra
Andhra Pradesh Police Officersr Association vs Andhra Pradesh Civil Liberties Committee (APCLC)
Police encounters resulting in grievous injury necessitate strict adherence to established procedural guidelines to uphold accountability and protect constitutional rights.
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
The court emphasized the necessity for independent investigations and adherence to procedural safeguards in police encounter cases, ensuring that the right to life is protected under Article 21 of th....
The court mandates an independent investigation in police encounter cases, emphasizing the need for thorough judicial oversight to uphold accountability and protect citizens' rights.
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
No authority can arrogate to itself the power to act in a manner which is arbitrary. It is unfortunate that matters which require immediate attention linger on and man in street is made to run from o....
The registration of an FIR is mandatory when a cognizable offence is disclosed; however, a General Diary entry may be treated as an FIR in appropriate cases.
The court quashed criminal proceedings due to police failure to follow procedural mandates, highlighting the necessity for judicial oversight to prevent abuse of process and protect individual rights....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.