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SUBHASH VIDYARTHI
Saurabh Kumar Singh – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Satendra Kumar Singh, the learned counsel for the applicant, Sri Rao Narendra Singh, learned AGA-I for the State, Sri Santosh Kumar Tripathi, learned counsel for the informant and perused the record.
2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 284 of 2019, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Nagar, District Gonda.
3. The aforesaid case has been registered on the basis of an FIR lodged on 14.04.2019 against five persons, in furtherance of application under Section 156(3) Cr.P.C. stating that the informant had been adopted by the maternal grandfather of his own father through a registered adoption deed dated 15.09.1994. After death of the informant's adoptive father, the accused persons, who were related to the deceased, prepared a fake will dated 09.01.1996 and got the same registered. The applicant was posted as Sub Registrar, Gonda at the time of registration of the alleged fake will dated 09.01.1996.
4. The applicant's involvement in 29 cases has been disclosed and it has been stated that in 13 cases the Investigating Officer
The granting of bail can be influenced by factors such as the involvement of the accused, the nature of the alleged crime, and the actions taken by the prosecution and other involved parties.
The court may grant anticipatory bail based on the lack of previous criminal history and the circumstances of the case, including the conduct of other involved parties.
The judgment emphasized the importance of considering the factual background and the distinction between civil and criminal disputes in determining the applicability of legal precedents.
The main legal point established in the judgment is the importance of personal liberty and the need for strong prima facie evidence to deny bail, as well as the guidelines for granting anticipatory b....
Granting bail based on lack of specific allegation, absence of criminal history, and parity with co-accused.
The court denied anticipatory bail due to the serious nature of the charges, the applicant's extensive criminal history, and the risk of influencing witnesses.
The main legal point established in the judgment is that the criminal antecedents and proclaimed offender status of the applicants outweighed the applicability of legal provisions and precedents cite....
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