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FAIZ ALAM KHAN
Shahjad Alais Mohammad Sajjad – Appellant
Versus
State of U. P Thru. Prin. Secy. Home – Respondent
JUDGMENT :
Mohd.Faiz Alam Khan, J.
Learned A.G.A informs that he has procured complete instructions in the matter including complete case diary and the charge sheet has been submitted in this case on 07.12.2021.
2. Heard Shri Manoj Kumar Singh, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
3. The present anticipatory bail application has been moved by the accused/applicants-Shahzad @ Mohammad Sajjad and Peena @ Shama Begam in Case Crime No.199 of 2021, under Sections 306, 506 IPC, Police Station Malhipur, District Shrawasti, with the prayer to enlarge her on anticipatory bail as she is apprehending arrest in the above-mentioned case.
4. Learned counsel for the accused-applicants while pressing the bail application submits that it is a case of false implication. In the FIR which has been lodged by the mother of the deceased various allegations have been levelled against the applicants with regard to the fact that only a day before marriage they refused to solemnize the marriage that daughter of the applicants on the pretext that Rs.one Lakh as agreed were not paid and humiliate the same the deceased (daughter) committed suicide by hang
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
Second or subsequent bail applications can be filed when there are change in circumstances, so that petitioner could establish entitlement of bail/anticipatory bail in view of change in circumstances....
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
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 ....
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