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HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Raju Alias Rajkumar – Appellant
Versus
State Of U.P – Respondent
| Table of Content |
|---|
| 1. bail application context (Para 2 , 3) |
| 2. procedural requirements for police encounters (Para 4 , 5) |
| 3. independence and legality of police encounters (Para 10 , 11 , 12) |
| 4. bail considerations and court's decision (Para 16 , 18) |
| 5. conditions and process for granting bail (Para 19 , 20 , 21 , 22 , 23) |
| 6. administrative directions following the judgment (Para 24 , 25 , 26) |
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 Secti
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.
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