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NALIN KUMAR SRIVASTAVA
Javed Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant-Javed Ahmad in Case Crime No. Nil, under Sections Nil, Police Station-Mariyahun, District Jaunpur.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
3. It is submitted by the learned counsel for the applicant that the opposite party no.2 had given Rs.17,50,000/- to the applicant as financial help for construction of his house, as they were friends and subsequently Rs.1 lakh on respective dates were paid by the applicant to him. However, on 5.1.2023, opposite party no.2 asked for repayment of the total outstanding money and abused and threatened him to repay the same till 20.1.2023 otherwise he could be implicated in false and fabricated case. The applicant informed the incident to the S.P., Jaunpur on 7.1.2023 through registered post and till date he has already paid an amount of Rs.3,20,000/- to opposite party no.2 in his bank account on respective dates, but the applicant has apprehension of his arrest by the police any time after lodging of the F.I.R. against him. There is every likelihood
Anticipatory bail denied due to prior criminal cases and recent FIR registration.
Anticipatory bail can be made absolute if no new violations occur and there is a significant delay in filing the application without evidence of wrongdoing.
Anticipatory bail applications are maintainable even after issuance of notice under Section 41A Cr.P.C., provided there is apprehension of arrest.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
Anticipatory bail can be granted based on the presumption of innocence and the need to prevent unjustified detention, considering the specific facts of each case.
Apprehension of arrest does not completely vanish away on issuance of notice of appearance under Section 41A of Cr.P.C. and Courts cannot evade to entertain application under Section 438 Cr.P.C.
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