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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Waseem Akram – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
2. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case Crime No. 0228 of 2021, under sections 420, 467, 468, 506, 120-B of the IPC, Police Station-Ahirauli, District-Ambedkar Nagar.
3. From perusal of the order sheet, it appears that on 24.10.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:-
"Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0228 of 2021, under sections 420, 467, 468, 506, 120-B of the IPC, Police Station-Ahirauli, District-Ambedkar Nagar.
Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the first information report has been lodged against all the accused persons including the present applicant,whereas, the role to the present applicant is assigne
The court granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
Anticipatory bail can be granted when there are no adversarial facts against the applicant, ensuring fairness in the judicial process.
Anticipatory bail granted due to lack of evidence against the applicant, emphasizing the need for cooperation in 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.
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 may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory bail is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
Anticipatory bail can be granted when there is no prima facie case, societal harm, or risk of evidence tampering.
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.
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