Single judge allowed an anticipatory bail application under Section 438 Cr.P.C. by making a prior interim order absolute. The court noted absence of opposing counsel and no counter-affidavit from the State.
The anticipatory bail application is allowed; the interim order dated 20.06.2023 is made absolute.
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Neutral Citation No. - 2024:AHC-LKO:72757
Court No. - 29
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1420 of 2023
Applicant :- Anuj Gupta @ Mahesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. And 3 Others Counsel for Applicant :- Rajendra Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
161 and 164 Cr.P.C. has specifically stated that she along with her younger sister went with the accused-applicant and coaccused out of their free will and stayed with them at Gonda for three days and when they were going to Hyderabad, the accused-applicant got information that his family members were lifted by the police, then the accused-applicant and coaccused abandoning the prosecutrix and her sister at Barabanki and fled away from there.
20.06.2023 is made absolute.
( Subhash Vidyarthi,J. )
Order Date :- 4.11.2024 KR
Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the anticipatory bail application granted interim order should now be made absolute given no counter-affidavit or opposition.
Whether the prima facie view of consensual relationship justifies finalizing the interim anticipatory bail grant.
3 provisions across 3 enactments
Anuj Gupta @ Mahesh Kumar
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
