HIGH COURT OF ALLAHABAD
Saurabh Srivastava, J.
Rajesh Kumar Sharma – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Saurabh Srivastava, J.
1. Heard Sri Deepak Pandey, learned counsel for petitioner, Sri Anand Sagar Dubey, learned AGA-I for respondent no. 1 and Sri Rohan Gupta, learned counsel for respondent no. 2.
2. After hearing in detail, while reserving the judgment, all the learned counsels appearing for the parties were requested to submit their written arguments along with relied upon judgments within a week and the same has been received and are available in the records.
Petitioner’s submissions
3. Present writ petition has been preferred for challenging the order dated 17.05.2024 passed by learned court of Additional District and Sessions Judge-II/Special Judge, SC/ST Act, Gautam Buddha Nagar through which anticipatory bail application under Section 438 Cr.P.C. has been allowed and bail has been extended on certain conditions which are mentioned in the order which impugned the present petition and are five in numbers.
4. Learned counsel for the petitioner while assailing the order dated 17.05.2024 submitted that despite the bailable warrants having been issued against the respondent no. 2, the anticipatory bail application preferred at the behest of respondent no. 2 has been allowe
Anticipatory bail cannot be challenged through a petition under Article 227; it must follow the procedure outlined in Section 439(2) Cr.P.C.
The main legal point established in the judgment is the necessity for supervening circumstances or allegations of misuse of liberty to entertain an application for cancellation of bail, and the limit....
Cancellation of anticipatory bail – It is only in a case where there are any supervening circumstances or allegations of misuse of liberty, then application for cancellation of bail can be entertaine....
The main legal point established in the judgment is the requirement for candid disclosure of relevant and material facts when seeking anticipatory bail, as well as the need for substantial evidence t....
The court emphasized the need for supervening circumstances or overwhelming evidence to warrant cancellation of bail, and highlighted the importance of not interfering with personal liberty without s....
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