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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Nafees Ahmad – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Shri Bal Keshwar Srivastava and Shri Trideep Narayan Pandey, the learned counsel for the applicant and Shri Alok Kumar Tiwari, the AGA for the State.
2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.34 of 2025 under Sections 110, 191(2), 191(3), 115(2), 352, 351(2), 351(3), 109, 103(1), 118(1) of B.N.S. registered at Police Station- Kudwar, District- Sultanpur.
3. The learned AGA has raised a preliminary objection that a co-accused person has been granted a regular bail by the Session Judge and, therefore, the applicant should also file an application for regular bail.
4. Replying to the aforesaid preliminary objection, the learned counsel for the applicant has placed reliance upon the judgments of the Hon'ble Supreme Court in the cases of Satender Kumar Antil v. Central Bureau of Investigation & Anr., (2022) 10 SCC 51 and Sushila Aggrawal v. State (NCT of Delhi), (2020 (5) SCC 1 .
5. In Satender Kumar Antil (Supra), the Hon'ble Supreme Court held that :-
"93. The rate of conviction in criminal cases in India is abysmally low. It appears to us that this factor weighs on the mind of the Court whi
Anticipatory bail can be granted despite a co-accused receiving regular bail; courts must safeguard liberty while ensuring due process.
Grant of anticipatory bail – Although grant of bail is a discretionary exercise, Courts must be cautious to exercise this discretion judiciously – Balance has to be struck to protect individual liber....
(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....
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.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
Personal liberty is a fundamental right, and arrests should be justified and not arbitrary; anticipatory bail granted under specific conditions.
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