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SUBHASH VIDYARTHI
Ankur Agarwal – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home, Lucknow – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Akhilesh Kumar Kalra, the learned counsel for the applicant as well as Sri Punit Kumar Yadav, the learned counsel appearing on behalf of the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. No.817 of 2023, under Sections 419, 420, 467, 468, 471 & 129-B I.P.C., registered at Police Station Kotwali Nagar, District Gonda.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Lekhpal on 15.09.2023 against 7 persons, including the applicant, stating that the co-accused Jawahar Lal had executed two registered agreements in favour of co-accused Amit Agarwal to sell a piece of government land which is recorded as banjar in the revenue records. Another co-accused Rajmangal Mishra executed a registered agreement dated 11.03.2022 to sell a part of the aforesaid land to the applicant. The applicant’s anticipatory bail application was rejected by the learned Sessions Court by means of an order dated 16.11.2023.
4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has falsely be
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 court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
(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....
The main legal point established in the judgment is the consideration of the gravity of the offences, the conduct of the accused, and the possibility of fleeing from justice in determining the eligib....
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....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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