In a recent legal case, the High Court provided crucial judicial analysis on the completion of investigations and the granting of bail. The court’s directive sets a precedent for similar cases in the future, highlighting the importance of adherence to legal procedures and ensuring fair trial rights. Stay updated for more details and expert opinions on this significant development.
Facts
- Challenge to the sanction order was made through a petition under Article 226 of the Constitution.
- The challenge was unsuccessful.
- The High Court of Judicature at Allahabad passed an order on 06.12.2018 in Criminal Misc. Writ Petition No.35460 of 2018.
- Notice was issued on 21.10.2019.
- The petition did not succeed in challenging the sanction order.
- The prayer for special leave petition was rejected.
- Sanction has already been issued, indicating that the investigation should be completed by then.
- Subsequently, a writ petition was filed requesting to quash the proceedings initiated under FIR No.1470 of 2016.
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Arguments
- Mr. Pardeep Misra, learned Advocate appearing for the State submitted that non-bailable warrants were issued against the appellant.
- The investigation into the crime is complete.
- The authorities have gathered all the necessary evidence and information.
- All aspects of the case have been thoroughly examined.
- No further investigative steps are required at this time.
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Decision
- The appellant is directed to present himself before the concerned Trial Court within seven days with advance notice to the Public Prosecutor.
- The Trial Court is instructed to release the appellant on bail, subject to conditions deemed appropriate to ensure his presence and participation in the proceedings.
- The appeal is allowed with these observations.
- A notice is issued to the respondent State, specifically regarding whether the petitioner needs to be arrested for the crime in question.
- The notice is returnable on 25.11.2019.
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Case Title: RAKESH KUMAR Vs. THE STATE OF UTTAR PRADESH (2021 INSC 541)
Case Number: Crl.A. No.-001078-001078 / 2021
