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SAURABH LAVANIA
Navneet Bhadauria – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Home Lko – Respondent
JUDGMENT :
(Saurabh Lavania, J.)
1. Heard Shri Purnendu Chakravarty, learned counsel for the applicant, Shri S. P. Tiwari, learned A.G.A. for the State of Uttar Pradesh and Shri Digvijay Nath Dubey, learned counsel for the opposite party no. 2 and perused the record.
2. Before proceeding, it would be apt to rectify that in the order dated 28.08.2024 inadvertently name of "Shri Pradeep Kumar Shukla, Advocate" has been indicated as counsel for opposite party no. 2, which is rectified and same would read as "Shri Digvijay Nath Dubey, Advocate".
3. The present application has been filed by the applicant namely Navneet Bhadauria seeking following main relief:
Personal appearance is mandatory for bond acceptance under Section 88 Cr.P.C., and non-compliance can lead to rejection of applications.
The court clarified that the accused, already on bail under certain sections, cannot be allowed to furnish bail bond in a non-bailable offence under the Special Act, instead of seeking regular bail u....
(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....
Anticipatory bail under Section 438 is maintainable even after issuing a non-bailable warrant, balancing individual liberty and legal obligation.
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.
(1) Anticipatory bail application is maintainable in SC/ST Act offences in a given case.(2) In matter of grant of anticipatory bail there is no distinction whether a person apprehends arrest at hands....
Court mandated that cancellation of bail requires due process, and an accused can seek bail for newly added charges without prior cancellation.
Non-bailable warrants should only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
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