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2025 DAILYLAW 116269 (ALL)

AMITA SRIVASTAVA v. VIPIN KUMAR RAI, DEPUTY SUPERINTENDENT OF POLICE A.T.S. VARANASI AND ANOTHER

CAPL/94/2025 · 2025-01-15

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2331 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 94 of 2025 Applicant :- Amita Srivastava Opposite Party :- Vipin Kumar Rai, Deputy Superintendent Of Police A.T.S. Varanasi And Another Counsel for Applicant :- Ajmal Khan,Juned Khan Hon'ble Manish Kumar,J. Learned counsel for the applicant has submitted that the present contempt application has been filed for non compliance of the judgment of the Hon'ble Apex Court in some other case namely Pradeep Ram vs. State of Jharkhand and Anr. [(2019) 17 SCC 326], wherein it is provided that in case the accused had already been granted bail, the investigating authority on addition of offence or offences may not proceed to arrest the accused, but for arresting the accused for such additional offence or offences it needs to obtain an order to arrest the accused from the court which had granted the bail. Learned counsel for the applicant has further submitted that the applicant was arrested and thereafter bail was granted in pursuance of the judgment passed by the Hon'ble Supreme Court in the case of Pradeep Ram (supra). The applicant has already availed the remedy as permissible under the law by filing bail application and he was granted bail in the light of law settled by the Hon'ble Supreme Court in the case of Pradeep Ram (supra). On being asked from learned counsel for the applicant whether the applicant at the time of his arrest by the respondent no. 2 had shown the case law which has been relied in the present contempt application, he has submitted that it was not shown to the respondent no. 2. In view of the facts and circumstances discussed hereinabove, the present contempt application is dismissed. Order Date :- 15.1.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench