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SHEKHAR KUMAR YADAV
Lalit Tomar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shekhar Kumar Yadav, J.
Heard Mr. Sarvesh Kumar Dubey, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under Section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.381 of 2019 arising out of Case No.5593 of 2023, under Sections 376 and 511 IPC, Police Station Gulaothi, District Bulandshahr.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant has never committed any offence as alleged in the impugned FIR. There is no date and time mentioned in the FIR. As per allegation, the applicant outraged modesty of the victim. Initially the FIR has been lodged under Sections 354 and 506 IPC in which the applicant has already been granted bail by the court below but during investigation after recording statement of the victim under Sections 164 Cr.P.C., charge sheet has been submitted under Section 376 and 511 IPC and the court below has taken cognizance and summoned the applicant to face trial. He further submits that the re
Anticipatory bail is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
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 court established that anticipatory bail should be granted based on the seriousness of accusations, the applicant's antecedents, and the potential for tampering with evidence.
Anticipatory bail can be granted when there is insufficient evidence to warrant custodial interrogation, emphasizing the presumption of innocence and the right to personal liberty.
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
The main legal point established is that the FIR must establish a proximate cause for its filing and the allegations must align with the facts presented by the parties.
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 ....
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