IN THE HIGH COURT OF ALLAHABAD
Hon'ble Deepak Verma,J.
Sandeep Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Deepak Verma, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 531 of 2024, under Sections 420, 406, 504, 506 I.P.C., Police Station- Auraiya, District- Auraiya, during the pendency of trial.
3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no evidence to prosecute the applicant. It is a civil nature dispute. Allegation alleged in the first information report is false and baseless and without support of any cogent evidence. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
4. Considered the argument raised by counsel for the applicant, the prayer of applicant is refused.
5. However, considering the Hon'ble Apex Court judgment passed in Arnesh Kumar v. S
The court emphasized adherence to guidelines for arrest, ensuring that police do not arrest without necessity and that judicial authorization requires proper justification.
Anticipatory bail granted under conditions of cooperation with the investigation, following guidelines from precedent cases on arrest protocols.
(1) Bail – Ordinarily, bail ought to be granted and in serious cases court should be circumspect in exercising discretion.(2) Police officers not to automatically arrest when a case under Section 498....
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