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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
BRIJ RAJ SINGH
Neha Singh Rathore @ Neha Kumari – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko – Respondent
| Table of Content |
|---|
| 1. anticipatory bail application context (Para 1) |
| 2. preliminary objection on maintainability (Para 2 , 3) |
| 3. applicant's residency related to maintainability (Para 4 , 5) |
| 4. nature of allegations against the applicant (Para 6) |
| 5. arguments on offenses and legal interpretations (Para 7 , 8 , 10) |
| 6. freedom of speech context (Para 9) |
| 7. previous judicial outcomes affecting current proceedings (Para 11) |
| 8. court's observations on cooperation and ongoing investigation (Para 12 , 19) |
| 9. arguments on public interest and national security (Para 13 , 14 , 15 , 17 , 18) |
| 10. supreme court's observations binding on high court (Para 20) |
| 11. denial of anticipatory bail (Para 21) |
JUDGMENT :
BRIJ RAJ SINGH, J.
1. The present application has been filed seeking anticipatory bail apprehending arrest in Case Crime No.0111 of 2025, under Sections 196 (1)(a), 196(1)(b), 197(1)(a), 197(1)(b), 197(1)(c), 197(1)(d), 353(1)(c), 353(2), 302, 152 of Bharatiya Nyaya Sanhita, 2023 and Section 69 (a) of the Information Technology Act, 2008, Police StationHazratganj, District Lucknow.
2. Dr. V.K. Singh, learned Government Advocate assisted by Sri Rajdeep Singh, learned AGA-I for the State has raised a prelim
The court ruled that special circumstances justified the petitioner directly approaching the High Court for anticipatory bail, yet denied the application due to the serious nature of charges and lack....
The main legal point established in the judgment is that temporary relief to protect liberty and to avoid immediate arrest can be granted by the court, even if the offence has occurred in another sta....
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
(1) Anticipatory bail application is maintainable in SC/ST Act offences in a given case.(2) In matter of grant of anticipatory bail there is no distinction whether a person apprehends arrest at hands....
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.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
The court reaffirmed that anticipatory bail is not maintainable under Section 43D(4) of the UAPA in cases involving serious charges of terrorism, emphasizing the need for custodial interrogation in s....
The main legal point established in the judgment is the interpretation of section 3(2)(v) of the SCST Act and the application of section 18 and 18-A of the SCST Act in determining the maintainability....
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