Back
SUBHASH VIDYARTHI
Dilshad – Appellant
Versus
State Of U. P Thru. Prin. Secy. Home Civil Secrt. Lko. – Respondent
JUDGMENT :
1. Heard Sri Farooq Ayoob, the learned counsel for the applicant as well as Sri Anurag Verma, 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 Case Crime No. 141 of 2023, under Section 392, 120-B IPC, Police Station Laliya, District Balrampur.
3. The aforesaid case has been registered on the basis of an FIR lodged on 16.05.2023 stating that the informant had came to his home from Delhi on 20.04.2023 and he had brought Rs. 15,50,000/-cash for purchasing an agricultural land. He had received a phone call for levelling his field and the persons had levelled his field in the evening of 23.04.2023. Those persons, whose number has not been disclosed in the FIR, came to the informant's house on 24.04.2023 to collect their remuneration and they robbed Rs. 15,50,000/-.
4. In the affidavit filed in support of the application, it has been contended that the applicant is innocent, he has falsely been implicated in the present case and that he has no previous criminal history.
5. A copy of the statement of co-accused Shamshad has been annexed with the affidavit, wherein he stated that he and th
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.
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 court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
In case of breach of any of conditions, court below shall have the liberty to cancel the anticipatory bail of the applicant.
Anticipatory bail granted under Section 41-A of the Cr.P.C. when the applicant is willing to cooperate with the investigation and is threatened with arrest.
The court reinforced that anticipatory bail deliberation should balance the seriousness of allegations with principles of justice and public safety.
The court may grant anticipatory bail based on factors such as contradictory statements in the FIR, absence of criminal history, and pending civil suits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
