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SUBHASH VIDYARTHI
Anshuman Srivastava – Appellant
Versus
State Of U. P. Thru. Secy. Home Civil Sectt. Lko. – Respondent
JUDGMENT :
1. Heard Sri Dharmendra Gupta, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 291 of 2021, under Sections 120-B, 406, 420, 467, 468, 471, 504 & 506 IPC, Police Station Mahanagar, Lucknow.
3. The aforesaid case has been registered on the basis of an FIR lodged on 06.11.2021 against three persons, including the applicant, stating that the informant is a doctor working in a nursing institute on the post of Professor Nursing. The applicant was known to him since the year 2011 and in the year 2019, he told the informant that he was running a placement agency, through which several persons got employed in government service. The informant paid a total of Rs. 67 lakh for getting his brother, nephew and wife employed and several other persons paid money for getting employed through the informant. The FIR further states that when the persons could not get employment, the informant had signed promissory notes for refund of money.
4. In the affidavit filed in support of the application, it has been
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 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.
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....
The court established that the issuance of non-bailable warrants and proceedings under Section 82 of the Code negate the entitlement to anticipatory bail.
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 can be granted when the applicant shows willingness to cooperate with the investigation and has no past criminal antecedents, despite serious allegations.
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 court considered the lack of disclosure in the FIR, inconsistencies in the co-accused statements, and the absence of criminal history in granting anticipatory bail to the applicant.
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