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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Suhail @ Suhail Khan – 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.P.C. has been filed seeking anticipatory bail in case Crime No. 395 of 2019, under sections 307/504/506 of the IPC, Police Station-Shahabad, District-Hardoi.
3. 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. 395 of 2019, under sections 307/504/506 of the IPC, Police Station-Shahabad, District-Hardoi."
4. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the role of the present applicant is distinguishable from the role of the main accused namely, Furkan @ Bhaiya S/o Ikbal, who had opened fire over the injured. He next added that there is no whisper in t
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 granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
Anticipatory bail granted due to lack of evidence against the applicant, emphasizing the need for cooperation in the investigation.
Anticipatory bail can be granted when there are no adversarial facts against the applicant, ensuring fairness in the judicial process.
Anticipatory bail is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
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.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
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