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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJESH SINGH CHAUHAN, PRAMOD KUMAR SRIVASTAVA
Abdul Ghaffar – Appellant
Versus
State Of U.P. Thru. Addl. Chif Secy. / Prin. Secy. Home Lko. – Respondent
JUDGMENT :
1. Heard Sri Purnendu Chakravarti, learned Senior Advocate, assisted by Sri Azizullah Khan as well as Ms. Aishwarya Saxena, learned counsels for the appellant and Sri S.N. Tilhari, learned AGA for the State-respondents.
2. Sri Anand Kumar Tiwari, Inspector/ Investigating Officer is present in person alongwith the case diary, some relevant extract thereof has been shown to the Court.
3. This criminal appeal has been filed under Section 21 (4) of the National Investigation Agency Act, 2008 against the order dated 19.11.2025 passed by the learned Special Judge, NIA/ Additional Sessions Judge, Court No.3, Lucknow rejecting the anticipatory bail application of the present appellant bearing Anticipatory Bail Application No.9065 of 2025 in Case Crime No.12 of 2023, under Sections 120-B, 419, 420, 467, 468, 471, 370 of IPC and Section 14 of Foreigners Act, Police Station- ATS Gomtinagar, District- Lucknow.
4. Sri Purnendu Chakravarti has submitted that the impugned FIR has been lodged on 11.10.2023 in Case Crime No.12 of 2023, under Sections 120-B, 419, 420, 467, 468, 471, 370 of IPC, Section 14 of Foreigners Act & Sections 12(1) & 12(2) of Passport Act, 1967, Police Station- ATS Go
The court held that granting anticipatory bail in cases involving serious allegations related to national security would impede ongoing investigations and is thus not warranted.
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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....
Anticipatory bail should not be granted in serious offences.
Point of Law : Criminal Law - Criminal Trial - Anticipatory bail application - Statements of witnesses recorded by the Investigating Officer, the allegation of intimidation with intent to humiliate a....
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
The court reaffirms that anticipatory bail is not to be granted where there is substantial evidence indicating involvement in serious offences affecting societal interests.
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