Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4067 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/545/2024
Hon’ble Alok Mahra, J.
Mr. Amit Kapri, learned counsel for the applicant.
2. Mr. Deepak Bisht, learned Deputy Advocate General, assisted by Mr. Akshay Latwal, learned AGA and Mr. Prabhat Kandpal, Brief Holder for the State.
3. Applicant- Devendra Kumar, who is in Judicial custody in connection with Case Crime/FIR No. 226 of 2023, under Section 420 IPC, Police Station Kotwali Pithoragarh, District Pithoragarh, has sought his release on bail.
4. Heard
learned counsel for the parties and perused the material available on record.
5. Counsel for the applicant has submitted the provisions of Sections 41 and 41-A of the Criminal Procedure Code, 1973, were not complied with before arresting the applicant.
6. Per contra, learned Deputy Advocate General submits that the applicant was arrested under Section 420 IPC but after investigation, Sections 467, 468 and 471 IPC were added against him. Maximum punishment for the aforesaid offences is more than seven years, therefore, in the
2025:UHC:4067 case of the applicant compliance of the provisions of Sections 41 and 41-A is not necessary.
7. Accordingly, the bail application is rejected.
(Alok Mahra, J.) 16.05.2025 Kaushal