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KRISHAN PAHAL
Alok Kumar Mishra – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. factual basis of the bail application. (Para 2 , 3) |
| 2. arguments supporting the applicant's bail application. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. arguments against the applicant's bail application. (Para 14 , 15 , 16) |
| 4. court's reasoning for denying anticipatory bail. (Para 17 , 18) |
| 5. decision to reject the anticipatory bail application. (Para 19) |
JUDGMENT
Krishan Pahal, J.
Heard Sri Zafar Abbas and Sushil Kumar Tewari, learned counsels for the applicant and Sri Deepak Kumar Srivastava and Sri Mukesh Joshi, learned counsels for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 1277 of 2020, under Sections 354 , 354B, 323, 504, 506 IPC, Police Station Majhola, District Moradabad, with a prayer to enlarge him on anticipatory bail.
Prosecution Story:
3. As per prosecution story, on 07.10.2020 at about 5.30 pm, the daughter of the informant had gone to see the water in the overhead tank of the house. Seeing her alone, the applicant Alok Kumar Mishra is stated to have outraged her modesty. On hea
The court's decision was based on the lack of substantial grounds for apprehension and the criminal history of the applicants.
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 ....
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
Anticipatory bail is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
The main legal point established in the judgment is the consideration of innocence, lack of criminal history, and willingness to participate in the investigation in granting anticipatory bail in seri....
The court established that anticipatory bail applications must be disposed of in a timely manner as per the guidelines set by the Supreme Court.
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