IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
BRIJ RAJ SINGH
Anita Pandey – Appellant
Versus
State of U.P. Thru. Secy. Home Lko. – Respondent
JUDGMENT :
Brij Raj Singh, J.
1. The present application has been filed seeking setting aside the order dated 11.12.2025 passed by the Chief Judicial Magistrate, Lucknow in Complaint Case No.3441 of 2015, arising out of Case Crime No.489 of 2013, Anita Vs. Satyendra Nath Shukla and others, under Sections 323, 384, 504 and 506 IPC, Police Station Gomti Nagar, District Lucknow.
2. It is the case of the applicant that on the basis of false and fabricated story an F.I.R. was lodged by opposite party no.2 in Case Crime No.416 of 2013, under Sections 307 and 504 IPC against the husband of the applicant showing the incident occurred at the house of the applicant i.e. 5/585, Vikas Khand, Gomti Nagar, Lucknow on 02.09.2013 and after investigation, charge-sheet has been filed under Sections 307, 504, 201, 419, 420 and 471 IPC against him on 17.09.2020 and the trial is continuing in Session Trial No.2707 of 2025 in the court of Additional Sessions Judge/Special Judge A.T.S., Lucknow. In fact, the applicant herself approached the police station concerned for registration of the FIR in respect of the incident occurred on 02.09.2013 at her house by opposite party no.2 with his associates, who had b
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
The main legal point established in the judgment is that the grant of bail should consider the gravity of the offense and the involvement of the accused, and custodial interrogation can have a signif....
The duty of the Magistrate to verify the truth and veracity of the allegations, the requirement for prior applications under Sections 154(1) and 154(3) of Cr.P.C 1973, and the need for the Magistrate....
Independent trials must proceed without stalling, even if related case and counter case exist; participation in advanced trials weakens claims for abeyance.
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
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