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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Manju Singh (Vikas Ki Maa As Per Fir) – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Arvind Pratap Singh, learned counsel for the applicant, Sri Anurag Verma, learned A.G.A.-I for the State and Sri Ravindra Kumar Dwivedi, the learned counsel for the opposite party no.2.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0435 of 2023, under Sections 323, 504, 304/34, 506 I.P.C., registered at Police Station Inayat Nagar, District Ayodhya.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.09.2023 against the applicant, her two sons and the applicant's mother in law stating that because of a property dispute all the accused persons armed with sticks and iron rods came to the informant's house, assaulted the informant's brother and when the informant's brother entered inside the house the accused persons also entered there and when the informant's father tried to intervene, he was also assaulted, due to which he fell unconscious. The informant's father was taken to a hospital from where he was referred to Medical College, Lucknow and he died during treatment on 19.09.2023. The F.I.R. was lodged one week after the death of the informant's father.
4.
Anticipatory bail may be granted when there is unexplained delay in FIR lodging, general allegations, and parity with co-accused granted bail.
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 can be granted based on the presumption of innocence and the need to prevent unjustified detention, considering the specific facts of each case.
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 is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
Anticipatory bail can be made absolute if no new violations occur and there is a significant delay in filing the application without evidence of wrongdoing.
(1) Bail application – Speedy disposal – Bail and anticipatory applications must be decided expeditiously on their own merits, without relegating parties to a state of indefinite pendency – High Cour....
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