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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vikram D. Chauhan,J.
Lallu Biyar @ Lallan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard learned counsel for the applicants as well as learned AGA and perused the material available on record.
2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants-Lallu Biyar @ Lallan and Ritesh Biyar in Case Crime No. 60 of 2021 under Sections 147, 188, 332 I.P.C. and Section 7 of Criminal law Amendment Act, Police Station - Baburi, District - Chandauli.
3. It is submitted by learned counsel for the applicants that co-accused - Anukriti Yadav has already been granted anticipatory bail by this Court vide order dated 05.08.2024 in Criminal Misc. Anticipatory Bail Application No. 6738 of 2024. Applicants' case is similar to co-accused - Anukriti Yadav and seek parity. Applicants have no previous criminal history. It is further submitted by learned counsel for applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. It is further argued that no prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the i
Anticipatory bail should be granted when there is no evidence suggesting the accused would flee from justice or tamper with evidence, emphasizing the purpose of bail to secure attendance at trial.
Anticipatory bail can be granted when there is no prima facie case, societal harm, or risk of evidence tampering.
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Grant of Bail - Offence of Cheating - Case of applicants stand on identical footing, hence applicants are also entitled for anticipatory bail on ground of parity.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
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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