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KRISHAN PAHAL
Urmila Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Pramod Kumar Singh, learned counsel for the applicants, Sri Gaurav Sharma, learned counsel for the informant, Sri Ramesh Chandra Vaishya in person, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
3. The present application for anticipatory bail has been filed for anticipatory bail in Case Crime No. 58 of 2016, under Sections 392 and 452 I.P.C. Police Station Tharwai, District Allahabad, during the pendency of trial.
4. To avoid verbiage, the allegations levelled in the FIR are not been narrated here.
5. Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case. The applicants were summoned by the court concerned by invoking the powers under Section 319 Cr.P.C. in the present case. Learned counsel has further stated that the summoning order under Section 319 Cr.P.C. dated 15.03.2021 was passed under Sections 323, 504, 506, 325, 452 and 392 I.P.C and the applicants had applied for bail under Sections 323, 325, 504 and 506 I.P.C. only, as such they were enlarged on bail by the Magistrate concerned on 04.01.2022. Learned co
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
The court granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
The court's decision to grant anticipatory bail was influenced by the nature of accusations, the applicant's antecedents, and the judgment of the Supreme Court in the case of Sushila Aggarwal vs. Sta....
The seriousness of the offence under Section 395 of the IPC may warrant custodial interrogation, influencing the decision on anticipatory bail applications.
The power of anticipatory bail should be exercised only in exceptional cases, and the duty of the learned MM to monitor the investigation is crucial in determining the entitlement to bail.
The right to bail is fundamental, with courts required to ensure freedom from arrest unless exceptional circumstances justify denial, especially given the initial bailable nature of the alleged offen....
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