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SIDDHARTH
Kari Arshad @ Arshad Mohmood Qasmi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Siddharth, J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present application has been moved by the applicant seeking anticipatory bail in Case Crime No. 1137 of 2019, under Sections 147, 148, 149, 323, 336, 452, 188, 427, 120B, 153A, 295A, 109 IPC, Section 3 of Prevention of Damages to Public Property Act and Section 7 of Criminal Law Amendment Act, P.S. Kotwali City, District Bijnor with the prayer that in the event of arrest, applicant may be released on bail.
3. It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. The applicant is not named in the FIR. In the FIR, it has been alleged that on 02.12.2019 at about 3.00 PM, a mob comprising about 250-300 persons, armed with lathi sticks and rods, have damaged vehicles lying parked at the side of the road and he has also assaulted the public persons. Learned counsel submitted that in fact Case Crime No. 1132 of 2019, under Sections 147, 148, 149, 188, 307, 323, 332, 336, 353, 427, 436, 120B, 153A, 295A, 109 IPC, Section 7 of Criminal Law Amendment Act, Section 3 of Prevention of Damages to
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 is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Anticipatory bail can be granted when the applicant's role is not established and there's a lack of substantial evidence.
Anticipatory bail can be granted when there is no prima facie case, societal harm, or risk of evidence tampering.
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