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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Ram Naresh @ Ram Prakash – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Vide order dated 14.11.2024, the notice was issued to the opposite party no. 2 and as per office report, the same has been served upon the opposite party no. 2, but no one has put in appearance.
2. Under the aforesaid circumstances, this Court is proceeding in this matter.
3. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
4. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case Crime No. 878 of 2022, under sections 419, 420, 467, 468, 471, 120-B of the IPC, Police Station- Kotwali Nagar, District-Gonda.
5. From perusal of the order sheet, it appears that on 14.11.2024, 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. 878 of 2022, under sections 419, 420, 467, 468, 471, 120-B of the IPC, Police Station-Kotwali Nagar, District-Gonda.
Contention of l
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 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.
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 can be made absolute if no new violations occur and there is a significant delay in filing the application without evidence of wrongdoing.
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
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