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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Asheesh Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. preliminary objection regarding maintainability of bail application. (Para 1) |
| 2. arguments for and against maintainability of anticipatory bail. (Para 2 , 3) |
| 3. preconditions and legal framework for anticipatory bail. (Para 4 , 5 , 6 , 12) |
| 4. judicial interpretation on 'reason to believe' and anticipatory bail. (Para 8 , 19 , 24) |
| 5. clarification of arrest vs. custody in legal definitions. (Para 10 , 11) |
| 6. judicial precedents regarding anticipatory bail's scope. (Para 20 , 28) |
| 7. limitations on anticipatory bail related to non-bailable warrants. (Para 29 , 30 , 31) |
| 8. clarification on maintainability of anticipatory bail. (Para 32) |
| 9. conclusion rejecting the anticipatory bail application. (Para 34 , 35) |
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. This matter was heard on 18.06.2025. On that date, a preliminary objection was raised by Sri Pankaj Saxena, learned A.G.A. that present anticipatory bail application is not maintainable as same is filed merely on issuance of summon in complaint case. On issuance of a summons, the applicant has no reason to believe that he may be arrested unless non- bailable warrant is issued in complaint case. The above preliminary objection rais
Anticipatory bail is not maintainable upon issuance of summons for a non-bailable offence unless there is reasonable apprehension of police arrest without warrant.
(1) Anticipatory bail petition – Once first anticipatory bail is denied without there being any change in fact situation, second application for same relief under Section 438 Cr.P.C. cannot be entert....
Anticipatory bail under Section 438 is maintainable even after issuing a non-bailable warrant, balancing individual liberty and legal obligation.
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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