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SUBHASH VIDYARTHI
Shiv Kumari – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Civil Sectt. Lko – Respondent
JUDGMENT :
1. Heard Sri Jaikaran, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State, Sri Ram Charitra Pandey and Ms. Jyoti Rajpoot, the learned counsel for the informant and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 37 of 2023, under Sections 406, 420, 467, 468, 471 IPC, Police Station Naka Hindola, District Lucknow.
3. The aforesaid case has been registered on the basis of an FIR lodged on 01.03.2023 against the applicant's husband Jitendra Kumar, alleging that the informant is cousin of the applicant; the applicant’s husband-named accused Jitendra Kumar had offered the informant to get persons employed in government service on payment of money and the applicant paid Rs. 3 lakh to the informant and he made five other persons pay money to the named accused for getting employment. It is alleged that a total of Rs. 30 lakh were paid but the persons could not get employment. The FIR states that two cheques for Rs. 9 lakh each were given by the named accused for repaying the amount but the cheques were returned by the bank unpaid. During investigati
The main legal point established is that in granting anticipatory bail, the court considered the specific allegations against the applicant and the involvement of the informant in illegal activities.
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.
Anticipatory bail can be granted in cases of serious allegations if the court finds that the circumstances, including the nature of the relationship and the potential for cooperation with the investi....
Anticipatory bail may be granted in cases involving allegations of physical relations under a promise of marriage when the parties are consenting adults, provided the court finds it appropriate to en....
Point of Law : while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate ....
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