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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Atul – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Sri Rajeev Singh, learned counsel for the applicant has filed Supplementary Affidavit today in Court. The same is taken on record.
2. Heard Sri Rajeev Singh learned counsel for the applicants and Sri Nikhil Singh, learned Additional Government Advocate for the State.
3. As per learned counsel for the applicant, the present applicants-Atul and Brijesh are is languishing in jail since 17.12.2024 in Case Crime No. 0471 of 2024, under Section 108 B.N.S., Police Station Akbarpur, District Ambedkar Nagar.
4. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story.
5. Attention has been drawn towards the impugned First Information Report (in short F.I.R.), which has been lodged on 02.08.2024 of the alleged incident 28.07.2024 without explaining the delay properly. The informant is a wife of the deceased and the relation of the informant with her deceased husband were not cordial for the the last couple of years, therefore, both were living separately. As per the allegation of the F.I.R. the informant found her husband (s
Bail may be granted when allegations lack sufficient evidence and the accused have no prior criminal history, subject to conditions to prevent misuse.
Unexplained delays in filing FIRs can undermine the credibility of the prosecution's case, warranting bail for the accused.
Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.
The court established that contradictions in the prosecutrix's statements and the applicant's lack of criminal history justified the granting of bail.
The court granted bail due to the lack of prompt complaints and the nature of the relationship, emphasizing compliance with bail conditions to prevent misuse.
The principle of parity in bail applications allows for granting bail to an applicant with no criminal history when co-accused with a criminal history are granted bail.
Bail applications must consider the seriousness of allegations and prima facie evidence; in cases involving potential murder, bail should not be granted if prima facie evidence indicates substantial ....
Bail should not be denied for punitive purposes, and the presumption of innocence must be upheld, particularly when evidence does not conclusively link the accused to the crime.
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