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SAMIT GOPAL
Shyam Babu Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Samit Gopal, J.
1. List revised.
2. Heard Ms. Mamta Singh, learned counsel for the applicant, Mr. Amit Daga, learned counsel for Opposite Party No.2 and Mr. B.B. Upadhyay learned AGA for the State and perused the record.
3. The name of Mr. Amit Daga, Advocate is printed in the cause-list as the learned counsel for opposite party No.2. His Vakalatnama is not on record which he states to have filed in the office on 16.01.2023. The office is directed to trace out the same and place it on record and make a note in the order sheet about it.
4. At the very outset, learned counsel for the applicant states that due to inadvertence, an order dated 19.11.2022 which was to be filed as Annexure 8 to the affidavit has been wrongly filed as the same should have been the order of the said date passed in Criminal Misc. Application U/S 482 Cr.P.C. No. 18472 / 2022 (Shyam Babu Sharma Vs. State of U.P. & another).
5. Sri Amit Daga, learned counsel for the Opposite Party No. 2 has produced before the court three orders which are taken on order and are :
(i) Order dated 19.11.2022 passed in Criminal Misc. Application U/S 482 Cr.P.C. No. 11061 / 2022 (Shyam Babu Sharma & another Vs. State of U.P. &
The court established that in cases involving offenses punishable with up to seven years of imprisonment, an accused who has cooperated with the investigation is not required to be in physical custod....
Regular bail under BNSS Section 483 requires accused's physical presence or surrender establishing judicial custody; interim bail without compliance does not suffice, rendering application non-mainta....
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
The applicant, who concealed facts and filed a false affidavit, and made a mockery of the orders of the lower court by avoiding the process of summon, bailable warrant, non-bailable warrant, and the ....
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