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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Qamruddin Jalaluddin @ Qamruddin Khan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Case called out.
2. None is present for the complainant/opposite party no. 4 nor counter affidavit has been filed by the counsel for the complainant till date in terms of order dated 25.10.2024.
3. Rejoinder affidavit filed today by the counsel for the applicant is taken on record.
4. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
5. The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case Crime No. 119 of 2024, under Sections 409, 420, 467, 468, 471, 504 and 506 of IPC, P.S. - Hazratganj District - Lucknow.
6. From perusal of the order sheet, it appears that on 25.10.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:-
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0119 of 2024, under sections 409, 420, 467, 468, 471, 504 and 506 of IPC P.S. - Hazratganj District - Lucknow.
The contention of learned cou
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.
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 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 may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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 granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
The court considered the prima facie case and the requirement of accused for custodial interrogation in granting anticipatory bail to the applicants, and referred to various judgments to support its ....
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