2025 Supreme(All) 3121
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI, J.
Jibrail @ Baba - Appellant
Versus
State Of U.P. Thru. Secy. Home Lko. - Respondents
Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. - 1110 of 2025
Decided on : 08-09-2025
Advocates Appeared:
For the Appellant : Priyanka Yadav, Rizwanul Haque Ansari, Santi
For the Respondent: G.A.
Anticipatory bail is crucial to prevent arbitrary arrest without substantive evidence, ensuring individual liberty against unfounded allegations.
Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Anticipatory bail application - The court examined the provisions for anticipatory bail while considering the balance between personal liberty and the gravity of allegations. - Provisions are intended to protect a person from arbitrary arrest until the case is substantiated with evidence. - Essential considerations include the nature of the accusation, the impact on the community, and the possibility of the applicant fleeing justice. (Paras not available)
(B) Legal principles - Court emphasized that anticipatory bail must not be denied merely on the basis of wild allegations without substantive evidence - The principles aim to ensure that the liberty of an individual is not curtailed by unverified claims.
Facts of the case:
The appellant sought anticipatory bail in response to allegations raised against him by the state’s prosecution, claiming that the charges were baseless and would infringe upon his personal liberty.
Findings of Court:
The court held that in the absence of concrete evidence or corroborative material, the denial of anticipatory bail would be unjust.
Issues: The main issues revolved around the validity of the allegations and whether they warranted the denial of anticipatory bail.
Ratio Decidendi: The court underscored that the intent behind anticipatory bail is to prevent misuse of power by law enforcement, facilitating a balance between the state's interest in the prosecution and the individual's right to liberty.
Result: Application for anticipatory bail granted.
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