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IN THE HIGH COURT OF ALLAHABAD
VIKRAM D.CHAUHAN
Mukesh Giri – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Vikram D. Chauhan,J.
1. Learned Advocate General and Sri Ajit Kumar Singh, learned Additional Advocate General have appeared on behalf of the State and have filed communication dated 01.10.2024 of Special Secretary, Government of Uttar Pradesh informing disengagement of erring advocate. The communication dated 01.10.2024 is taken on record.
2. In view of the communication dated 01.10.2024 filed by the State, this Court is not proceeding in respect of matter of suppression of material facts.
2-A. Learned Advocate General and learned Additional Advocate General seek for and are granted leave at this stage.
3. Heard Sri Swapnil Kumar and Sri Sudhanshu Kumar, learned counsels for the applicant, Sri Deepak Rana, learned counsel for the informant, as well as, Sri Sanjay Kumar Singh, learned AGA and perused the material available on record.
4. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Mukesh Giri in Case Crime No. 343 of 2024 under Sections 354 , 354C, 504, 506 I.P.C. and Section 7 /8 of POCSO Act, Police Station – Moradnagar, District - Ghaziabad.
5. The present case arises out of first information report da
Bailable offences should not preclude anticipatory bail unless exceptional circumstances justify denial; mere criminal history is not sufficient grounds for restraint.
The judgment establishes the importance of considering statutory provisions, amendments, and the sensitivity required in cases involving allegations against a minor victim, while also acknowledging t....
Anticipatory Bail Application has to be based on concrete facts and not vague or general allegations relatable to offence and why applicant reasonably apprehends his or her arrest, as well as his ver....
Anticipatory bail should not be granted in serious offences.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
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.
The court emphasized the need for a balance between individual liberty and societal interest in granting anticipatory bail, considering the nature and gravity of the accusations, the accused's antece....
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
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