Back
IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Mohd. Azeem – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Rejoinder affidavit filed today by the counsel for the applicant is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
3. 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.
4. From perusal of the order sheet, it appears that on 22.11.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:-
"1. Heard Ms. Seema Upadhyay holding brief of Sri Ram Singh, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned AGA.
2. At the very outset attention has been drawn towards the order dated 24.10.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 2435 of 2024 (Waseem Akram vs. State of U.P.) which reads as under:
"Heard learned counsel for the applicant, learned AGA for the State and perused the record."
5. The instant anticipatory bail application has been filed on behalf of the applicant with the pra
Anticipatory bail can be granted when there are no adversarial facts against the applicant, ensuring fairness in the judicial process.
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 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 applications can be granted under changed circumstances, providing protection against wrongful arrest while 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.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
