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KRISHAN PAHAL
Hasnain – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Avinash Mani Tripathi, learned counsel for the applicant, and learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 510 of 2013, registered under Sections 363, 366 IPC, P.S. Bhatni, District Deoria, with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the co-accused Arvind Gupta has enticed away the minor daughter of informant and the first information report was instituted against all the accused persons.
5. Learned counsel for the applicant has stated that after thorough investigation, the Investigating Officer was pleased to file closure report qua the applicant. But subsequently during trial the applicant along with other co-accused persons were summoned by the Additional Session Judge/Special Judge (POCSO Act), Court No. 1, Deoria vide order dated 06.08.2022 by invoking power under Section 319 Cr.P.C. Learned counsel has further stated that the said summoning order is cryptic and without application of judicial mind. The only role of accompanying the main accused Arvind to Bhatni
The court's decision to grant anticipatory bail was influenced by the nature of accusations, the applicant's antecedents, and the judgment of the Supreme Court in the case of Sushila Aggarwal vs. Sta....
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
The court considered the prima facie case and the requirement of accused for custodial interrogation in granting anticipatory bail to the applicants, and referred to various judgments to support its ....
The main legal point established in the judgment is that anticipatory bail can continue till the end of the trial, as per the law laid down by the Constitution Bench of the Apex Court in the case of ....
The main legal point established in the judgment is the consideration of innocence, lack of criminal history, and willingness to participate in the investigation in granting anticipatory bail in seri....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
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