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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Samit Gopal,J.
Indu Devi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Samit Gopal, J.
1. List revised.
2. Heard Sri Juned Alam, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the record.
3. The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Indu Devi, seeking anticipatory bail, in the event of arrest during trial in Special Session No. 73 of 2019, arising out of Case Crime No. 279 of 2016, under Sections 363, 366 IPC, Police Station Barhaj, District Deoria during trial.
4. Prior notice of this anticipatory bail application was served in the office of the learned Government Advocate, High Court, Allahabad and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, 1952 and as per direction dated 20.11.2020 of a co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020 - Govind Mishra @ Chhotu Versus State of U.P. this anticipatory bail application is being heard. Grant of further time to the learned State counsel as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required since learned counsel for the State informs the Court that he has received the required instructions in the matter.
Anticipatory bail can be granted when the nature of accusation and circumstances, including the victim's status, justify such relief.
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....
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 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 ....
The court granted anticipatory bail based on the prosecutrix's voluntary actions, emphasizing the importance of her being a major in the decision.
Point of Law : while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate ....
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