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KRISHAN PAHAL
Kanwar Pal – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Inder Pal Singh Tomar, learned counsel for applicant and Sri Kuldeep Singh Tomar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for State and also perused the material available on record.
2. The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 262 of 2022, under Sections 147, 148, 149, 307 & 504 of I.P.C., P.S.- Khatauli, District- Muzaffar Nagar.
3. At the very outset, learned counsel for the applicant has claimed parity with co-accused Nitin Rathi, who has been granted interim protection by another Bench of this Court vide order dated 4.4.2023 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 3367 of 2023.
4. On the other hand, learned counsel for the informant has vehemently opposed the above submission of learned counsel for the applicant on the ground that the applicant is not entitled to anticipatory bail as the anticipatory bail application of co-accused Nitin Rathi was dismissed as infructuous vide order dated 31.05.2023.
PROSECUTION STORY:
5. As per prosecution story, the co-accused persons, Charan Singh, Sopal and Sukhpal had destroyed the suga
The court may grant anticipatory bail based on factors such as contradictory statements in the FIR, absence of criminal history, and pending civil suits.
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....
The court highlighted the necessity for specific allegations to deny anticipatory bail, particularly amidst counterclaims and in cases of simple injuries.
The court's decision was based on the lack of substantial grounds for apprehension and the criminal history of the applicants.
The court may grant anticipatory bail based on discrepancies in the evidence, coupled with the absence of a criminal history and other relevant circumstances.
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
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