SURYA KANT, N. KOTISWAR SINGH
ANURAG DUBEY ALIAS DABBAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
ORDER :
1. Leave granted.
2. The instant appeal is directed against the order dated 13.08.2024 passed by the High Court of Judicature at Allahabad, declining to quash the Case Crime No. 137/2024, registered at Police Station Maudarwaja, District Farrukhabad, under Sections 323, 386, 447, 504 and 506 of the Indian Penal Code, 1860.
3. When the Special Leave Petition came up for hearing on 24.10.2024, the following order was passed:
2. However, keeping in view the cases registered against the petitioner in the past and the nature of allegations contained in the subject-FIR, let notice be issued as to why anticipatory bail be not granted to the petitioner, returnable on 28.11.2024.
3. Meanwhile, the arrest of the petitioner in connection with FIR Case Crime No.137/2024 shall remain stayed subject to his joining and fully cooperating wit
The court emphasized the necessity for the petitioner to comply with investigation requirements and appear before Trial Courts, clarifying conditions for anticipatory bail and addressing misuse of in....
Bail in anticipation of arrest granted to a septuagenarian accused, emphasizing the necessity of custodial interrogation and the nature of the charges.
Anticipatory bail can be granted where accused is cooperating in investigation and no more custodial interrogation is required in the case.
The absence of a counter affidavit from the State can lead to the granting of anticipatory bail, reinforcing the principle of fair trial and protection against arbitrary arrest.
The court confirmed the grant of anticipatory bail to the appellant based on her cooperation in the investigation and the provisions of Section 438 of the Code of Criminal Procedure, 1973.
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