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NALIN KUMAR SRIVASTAVA
Neeru Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Supplementary affidavit filed today is taken on record.
2. Crl. Misc. Exemption Application No.02 of 2023 is allowed.
3. At the very outset, learned counsel for the applicants submits that he is not pressing the anticipatory bail application in respect of applicant no.1 Neeru Kumar Yadav, as he is already under judicial custody. He confines his prayer only to the extent of prayer for granting anticipatory bail to the applicant no.2 Lallan @ Pushpendra Singh during the pendency of trial in Case Crime No.530 of 2018 (Case No.3420 of 2018, State of U.P. Vs. Neeru and Others) under Sections 323, 308 IPC, Police Station Dibiyapur, District Auraiya.
4. Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant / opposite party no.2 and perused the record.
5. A NCR was filed under section 323 IPC by the informant of the case against the applicants no.1 and 2 along with two other co-accused persons on 24.1.2018 at 20:10 p.m. alleging therein that an assault was made by them with kicks, fists, lathi and danda upon him on 24.1.2018 at 17:00 p.m. During course of investigation, section 308 IPC was added to the matter. Thereafter,
A person declared as a proclaimed offender and not cooperating with the investigation or trial is not entitled to anticipatory bail.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
Constitution guarantees protection of life and personal liberty of a person and this guarantee is enshrined in Article 21 of Constitution of India.
Anticipatory Bail Application has to be based on concrete facts and not vague or general allegations relatable to offence and why applicant reasonably apprehends his or her arrest, as well as his ver....
The court's decision was based on the lack of substantial grounds for apprehension and the criminal history of the applicants.
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
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