Allowed¶15

Smt. Nargis v. State of U.P. and Another

Allahabad HC15 May 2024/968/2021

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Neutral Citation 2024:AHC-LKO:37482; Criminal Misc. Anticipatory Bail Application No. 968 of 2021; Smt. Nargis v. State of U.P. and Another; Allahabad High Court Lucknow Bench; Pankaj Bhatia, J.; interim bail dated 15.3.2021 confirmed; no misuse of liberty; charge sheet filed; personal bond with two fresh sureties of Rs. 20,000/- each; bail conditions including no departure from India without permission; application allowed; order dated 15.5.2024.

What did the court decide?

Anticipatory bail till conclusion of trial on furnishing a personal bond with two fresh sureties of Rs. 20,000/- each, with the interim bail of 15.3.2021 confirmed and standard bail conditions imposed. ¶15

Smt. Nargis Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Smt. Nargis is entitled to anticipatory bail under Section 438 Cr.P.C.

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Court's answer

There is no material to demonstrate that the applicant has misused the liberty (of the interim bail granted to her).

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Ratio / Principle

The interim bail granted vide order dated 15.3.2021 is confirmed and the applicant Smt. Nargis is granted anticipatory bail till conclusion of the trial, subject to her furnishing a personal bond with two fresh sureties of Rs. 20,000/- each to the satisfaction of the Court concerned.

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Key takeaways

The anticipatory bail is subject to conditions: the applicant shall execute a bond to attend hearings; shall not commit any similar offence; shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade him from disclosing such facts or tamper with the evidence; and shall not leave India without the previous permission of the Court.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Pankaj Bhatia, J. — Anticipatory bail application under Section 438 Cr.P.C. by Smt. Nargis against the State of U.P. and Another allowed. The applicant had been enlarged on interim bail on 15.3.2021 and the charge sheet had already been filed. Finding no material to demonstrate that the applicant had misused the liberty granted, the Court confirmed the interim bail order dated 15.3.2021 and granted anticipatory bail till conclusion of the trial, subject to a personal bond with two fresh sureties of Rs. 20,000/- each and conditions (undertaking to attend hearings, commission of no similar offence, no inducement/threat/promise to witnesses or tampering with evidence, and no departure from India without previous permission of the Court). Order dated 15.5.2024.

Smt. Nargis v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Nargis v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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