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DEEPAK VERMA
Raja – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
DEEPAK VERMA, J.
1. Supplementary affidavit filed today, is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No. 191 of 2022, under Sections 307, 120-B I.P.C. Police Station-Chandpa, District-Hathras, during pendency of trial.
4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant was not named in the first information report and five persons were named in the first information report for assaulting the injured. Injured moved an application alleging therein that applicant was involved in assaulting the injured. He next submitted that applicant had no knowledge regarding his implication in the present case, therefore, he did not appear before the Investigating Officer. In Para No. 8 of the supplementary affidavit, it is stated that an application for issuance of process under Section 82 Cr.P.C. was moved and court allowed the same on 12.08.2024. In Para No. 11 of the supplementary affidavit, it
A proclaimed offender under Section 82 Cr.P.C. is not entitled to anticipatory bail, especially when named in an assault and not cooperating with the investigation.
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 can be granted when there are no adversarial facts against the applicant, ensuring fairness in the judicial process.
Anticipatory bail granted due to lack of evidence against the applicant, emphasizing the need for cooperation in the investigation.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
The court granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
Anticipatory bail is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
Anticipatory bail may be granted when the applicant is not named in the FIR, faces vague allegations, and has no criminal antecedents.
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
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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