In an anticipatory bail application, the Court considered allegations that the FIR was a revenge-driven civil dispute converted into a criminal case. Upholding the applicant's view that the case attracted civil remedy, the Court allowed the application.
Anticipatory bail to be released from both or either sureties to safeguard liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12644 of 2022
Applicant :- Ashish Miglani Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
is made out. Hence, the present anticipatory bail application is allowed.
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii) that the applicant shall not leave India without previous permission of the court;
(iv) that the applicant shall not tamper with the evidence during the trial;
(v) that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted.
11. In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
12. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 28.1.2023 Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted where the alleged offence is a civil dispute filed by a first informant against whom the applicant had previously filed a complaint.
Whether the allegations in a false case filed as a counter-blast warrant protection of the applicant's liberty by grant of anticipatory bail.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraReferred¶12
Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 · Who else cites this
2 provisions across 2 enactments
Ashish Miglani
State of U.P.
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
