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B. V. NAGARATHNA, N. KOTISWAR SINGH
Gulab Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
Leave granted.
2. This appeal challenges the order dated 11.03.2024 passed by the High Court of Judicature at Allahabad in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1316/2024.
3. Apprehending arrest in connection with one of the crimes registered pursuant to FIR No. 217 of 2008 lodged with Pilkhuwa Police Station, District-Ghaziabad, Uttar Pradesh in respect of the offences punishable under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860, and Section 7/13(i)D read with Section 13(ii) of the Prevention of Corruption Act, 1988, the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (“the Code” for short).
4. Said application for anticipatory bail has been rejected by the High Court vide impugned order dated 11.03.2024. Hence, the instant appeal has been preferred.
5. By order dated 11.07.2024, while issuing notice, this Court granted interim protection from arrest in favour of the appellant, subject to the appellant joining the investigation.
6. We have heard learned senior counsel in support of the appellant and learned counsel for the respondent-s
Anticipatory bail can be granted to accused keeping in view his old age and ailments.
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
Anticipatory bail is permissible when an individual is not implicated in final investigative reports and maintains active cooperation with authorities, especially when parity with co-accused is estab....
If a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during period of investigation, in such a case, it is appropriate that he may be released on bail as ci....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
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