2006 (9) TMI 614

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..... notice on behalf of the respondent. 4. The petitioner seeks anticipatory bail in case under Section 365, IPC registered with Police Station Anand Vihar vide FIR No. 585/2005. 5. The Counsel for the petitioner has argued that the petitioner is a Teacher of Urdu in Bhagalpur, Bihar and he has been falsely framed in the aforementioned case with Police Station Anand Vihar, Delhi. According to th .....

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..... d allegedly kidnapped the complainant's wife. The police could not apprehend these three boys Imran, Bablu and Guddu and this led the Delhi Police to obtain their Non-Bailable Warrants. One of these three boys Bablu was arrested by the Bhagalpur police from Bhagalpur and he in his disclosure statement named the petitioner as one of the four persons responsible for the missing of complainant .....

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..... w that the right of the police to interrogate the accused and to detain him are two different things. Police investigating the case is certainly within its rights to interrogate the person whose name appears in the disclosure statement of a co-accused. However, such a person cannot be detailed in custody unless some independent incriminating evidence de hors the disclosure statement comes against .....

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