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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Abhay @ Abhi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Shivendra S. Singh, learned counsel for the applicant and Sri Diwaker Singh, the learned AGA for the State and perused the record.
2. The present applicant is in jail since 17.12.2024, in case crime no. 150 of 2024, under Sections 191(2), 191(3), 115(2), 352, 76, 333 and 105 of BNS at Police Station Mahigawan District Lucknow.
3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged.
4. Attention has been drawn towards the First Information Report, wherein, the allegation has been levelled against six accused persons including the present applicant. This is the case of cross FIR, where the FIR from the side of the present applicant has been lodged on the same date, i.e., 30.11.2024 prior to the FIR being lodged against the present applicant and another. The details of the FIR being lodged from the side of the present applicant bears Case Crime No. 149 of 2024 under Sections 191(2), 191(3), 115(2), 117(2), 76, 352, 304(2) at P.S. Mahigawan District Lucknow.
5. Attention has been drawn towards the bail order passed by this Court dated 13.01.2005 in C
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.
The court established that bail can be granted when there is insufficient evidence to justify continued detention, provided the applicant agrees to comply with strict conditions to ensure trial atten....
The court established that a single FIR and prior bail can be sufficient grounds for granting bail, provided the applicant agrees to comply with conditions aimed at ensuring accountability during the....
The court granted bail based on the principle of parity, lack of prior criminal record, and the applicant's undertaking to cooperate with the trial.
Grant of Bail - Bail is a right and denial is an exception' but it does not mean that the bail should be granted in every case.
Point of law: Rioting - Bail granted - Nature of evidence, the period of detention already undergone, unlikelihood of early conclusion of trial and also the absence of any convincing material to indi....
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
Bail is the rule and committal to jail is an exception; the presumption of innocence prevails at the pre-trial stage.
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.
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