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DINESH KUMAR SINGH
Swami Chinmiyanand Saraswati Pupil – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Dinesh Kumar Singh, J.
Heard Sri Anoop Trivedi, learned Senior Advocate, assisted by Sri Chandra Prakash Pandey, learned counsel for the accused-applicant as well as S/Sri Manish Goyal and Mahesh Chandra Chaturvedi, learned Additional Advocate Generals, assisted by Sri A.K. Sand, learned AGA and Sri Anurag Kumar Pandey, learned counsel for the complainant.
2. The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.1423 of 2011, under Sections 376 and 506 I.P.C. Police Station Kotwali, District Shahjahanpur.
3. This Court vide fairly long judgement and order dated 19.12.2022 has granted interim protection to the accused-applicant.
4. On notice, Vakalatnama and counter affidavit have been tendered today in the Court on behalf of the complainant by Sri Anurag Kumar Pandey, which are taken on record. The relevant averments made in the counter affidavit tendered today in the court on behalf of the complainant would read as under:-
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
Anticipatory bail granted due to lack of evidence against the applicant, emphasizing the need for cooperation in the investigation.
Anticipatory bail can be granted when there are no adversarial facts against the applicant, ensuring fairness in the judicial process.
The court granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
The main legal point established in the judgment is the applicability of the law laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another in ....
Anticipatory bail rejected due to lack of genuine effort to comply with earlier court orders and evidence of avoiding arrest.
A second anticipatory bail application is non-maintainable if the petitioner conceals prior court orders and fails to comply with commitments to surrender, reflecting bad faith toward the court.
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