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NALIN KUMAR SRIVASTAVA
Suraj Harijan – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. application for anticipatory bail and fir details (Para 2 , 3) |
| 2. arguments for and against bail application (Para 4 , 5) |
| 3. legal standing on successive bail applications (Para 6 , 7 , 8 , 9) |
| 4. judicial precedents on anticipatory bail applications (Para 10 , 11 , 14) |
| 5. requirement of clean hands and material facts (Para 15 , 16 , 17 , 18 , 19) |
| 6. conclusion on maintainability and rejection of bail (Para 20 , 21) |
JUDGMENT :
Nalin Kumar Srivastava, J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. Apprehending his arrest the present application has been moved on behalf of the applicant-Suraj Harijan seeking anticipatory bail in Case Crime No.124 of 2021, under Section 461 IPC and Section 25 Indian TELEGRAPH ACT , Police Station-Harpur Budahat, District-Gorakhpur.
3. The prosecution story as unfolded in the FIR is that on 24.11.2021 at 7.10 AM Technician Shreyansh Yadav working in a Door Sanchar Vodafone Mobile Tower IN1231083 informed the informant that 4 batteries have been stolen from the battery bank by breaking the lock of the main gate by some unknown person. FIR was lodged on 24.11.2021 at 16.16 hours and investiga
(1) Anticipatory bail petition – Once first anticipatory bail is denied without there being any change in fact situation, second application for same relief under Section 438 Cr.P.C. cannot be entert....
Abuse of the process of the Court by filing subsequent/successive anticipatory bail applications without justification.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
Constitution guarantees protection of life and personal liberty of a person and this guarantee is enshrined in Article 21 of Constitution of India.
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