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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vivek Varma,J.
Shiva – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Vivek Varma, J.
1. Heard counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
2. This application under Section 438 of Cr.P.C has been filed seeking anticipatory bail in Case Crime No. 187 of 2024, under Sections 304, 504 and 34 I.P.C., Police Station Jalalpur, District Jaunpur.
3. Counsel for the applicant submits that the applicant was not named in the first information report. As per the allegations in the first information report, the co-accused Sunil Sonkar and other unknown persons are alleged to have assaulted the brother of the informant. According to post-mortem report the deceased received a single injury on his head. After almost one month of the alleged incident the name of the applicant was disclosed by the son of the deceased Himanshu and two persons namely Manjoor Alam @ Firoz and Uma Sonkar. It is contended that the said statements are an afterthought. Further, there are vague and general allegations against the applicant. The author of single injury on the head of the deceased is not known. The named co-accused Sunil Sonkar has been granted bail by this Court vide order dated 8.11.2024 passed in Criminal Misc. Ba
Anticipatory bail may be granted when the applicant is not named in the FIR, faces vague allegations, and has no criminal antecedents.
A proclaimed offender under Section 82 Cr.P.C. is not entitled to anticipatory bail, especially when named in an assault and not cooperating with the investigation.
Anticipatory bail granted based on the absence of immediate incriminating evidence, focusing on procedural fairness and the evolving nature of accusations in a murder case stemming from post-election....
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Granting anticipatory bail based on the circumstances of the case, including the old animosity between the parties and the injuries sustained by both sides.
Anticipatory bail is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
The court considered the nature of injuries, the pending civil dispute, and the failure of the Investigating Officer to issue notice under section 41a Cr.P.C in reaching its decision on the anticipat....
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