Back
SAURABH SRIVASTAVA
Angus Stanly – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Srivastava, J.
1. Heard Ms. Sheeb Jose, Sri Mohd. Kalim and Mrs. Manju Singh, all learned counsels for applicant and Sri P.C.Srivastava, learned AAG assisted by Sri C.L. Chaudhary, learned AGA and Sri Amit Kumar Singh, learned AGA for the State and perused the records.
2. By means of the instant bail application, applicant is seeking bail in Case Crime No. 14 of 2022, under Section 420 IPC & Section 66C of Information Technology Act & Section 14-B Foreigners Act, Police Station-Cyber Crime, District-Prayagraj during pendency of trial.
3. Learned counsels for the applicant appeared in this matter but leading arguments have been raised by Ms. Sheeb Jose and at the very outset, it has been informed by her that the applicant has not been named in the FIR as well as no strict evidence has been appended or produced by the prosecution against the applicant for implicating in the instant Case Crime no. 14 of 2022 under Section 420 IPC & Section 66C of Information Technology Act & Section 14-B Foreigners Act.
4. It is also submitted by learned counsel for the applicant that applicant is languishing in jail since 21.07.2022 and till today no prosecution witness has been properl
The court denied bail due to insufficient evidence against the applicant while emphasizing the need for an expedited trial.
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
The court denied bail due to serious allegations concerning blackmail and suicide, emphasizing the risk of the accused absconding given the evidence against him.
Bail can be granted in cases where applicant has no previous criminal history.
The court emphasized the right to bail and speedy trial, ruling that the absence of incriminating evidence justified granting bail to the applicant.
In bail applications concerning severe allegations of cyber fraud, the court must consider the risk of the accused absconding, especially when allegations involve significant sums and forged document....
The court established that foreign nationals facing criminal charges in India are entitled to fundamental rights, including the right to a fair trial and bail, but these rights must be balanced again....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
