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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Siddharth,J.
Mohd. Rehani Alias Syed Mohd. Hussain – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Siddharth, J.
1. Heard Sri Mohd. Farooq, learned counsel for the applicant; Sri Sunil Kumar Upadhyay, learned counsel for the informant and learned AGA for the State.
2. The instant anticipatory bail application has been filed on behalf of the applicant, Mohd. Rehani Alias Syed Mohd. Hussain, with a prayer to release him on bail in Case Crime No.- 319 of 2023, under Sections- 452, 323, 147, 149, 325, 308 , 506 IPC , Police Station- Phoolpur, District- Prayagraj.
3. Learned counsel for the applicant has submitted that only the role of exhortation has been assigned to the applicant. Main offence has been committed by the other accused including co-accused, Gayatri Devi, who has been enlarged on anticipatory bail in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14611 of 2023. He has submitted that the offences are punishable below 7 years. There was no apprehension of arrest of the applicant earlier. He has approached this Court after filing of charge-sheet. He has no criminal history to his credit.
4. Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the
Personal liberty is a fundamental right, and arrests should be justified and not arbitrary; anticipatory bail granted under specific conditions.
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 considered the nature of allegations, gravity of offences, and the role attributed to the accused, and also referred to the legal provisions laid down by the Hon’ble Apex Court in reaching ....
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of allegations, gravity of offenses, and the role attributed to the accused, ....
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
The court established that anticipatory bail should be granted based on the seriousness of accusations, the applicant's antecedents, and the potential for tampering with evidence.
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