Tag: #AnticipatoryBail

A Journalist and others, accused of destroying ballot boxes and firing during gram panchayat elections in UP were granted anticipatory bail by Allahabad HC. This was granted by a Single-Judge Bench of Justice Rajeev Singh on June 9, while hearing a criminal miscellaneous anticipatory bail application filed by Shiv Prasad Harijan and another on behalf of the applicants in a case registered under relevant Sections of Indian Penal Code, Criminal Law Amendment Act, and Peoples Representation Act at Police Station Kandhai in district Pratapgarh of Uttar Pradesh.

Shiv Prasad, as a reporter of Hindi newspaper Pratap Kiran, reported that On April 19, 2021, the election of gram panchayat was scheduled and he was covering the news at polling booth (village Utrash), wherein he reported about the irregularities on the polling both by authorities and influential people via Twitter. The annoyed authorities and police beat up the voters on the spot. On objecting, an FIR was lodged and the villagers and applicants along with their families were dragged into this, because of the coverage of mismanagement of authorities

The applicant’s counsel opposed the allegations of firing and destruction of ballot boxes by the villagers as the police intended to arrest them due to the reporting and coverage on Twitter. He also states that the applicants are entitled to get anticipatory bail instead of their cooperation in the investigation. Whereas the Additional Government Advocate opposed the anticipatory bail by stating the instructions of the FIR.

The Court ordered that till the next date of listing, Shiv Prasad and Ramdhari in the aforesaid case shall be released forthwith by the Station House Officer of the police station concerned, on their furnishing personal bond of Rs 50,000 with the following conditions:

• The applicant shall show up for interrogations as and when required.
• The applicant in no way shall tamper with facts so as mislead the facts to court or police
• The applicants cannot leave the district without courts prior permission.

The next hearing date is on 7 July 2021

-Report by Saksham Srivastava

The Allahabad High Court had recently given a few rules and guidelines for cases where anticipatory bail can be allowed even after the submission of the charge sheet.

On June 5, 2021, The Allahabad High Court came down heavily on a petitioner for documenting anticipatory bail applications straightforwardly in the High Court, expressing that it was necessary to mention special circumstances for applying to the High Court.

Justice Rohit Ranjan Agarwal passed this order while hearing a Criminal Miscellaneous Anticipatory Bail Application under Section 438 documented by Bhopal and two others.

The Anticipatory Bail Application was moved by the candidates straightforwardly under the steady gaze of the Court looking for anticipatory bail for a situation recorded at Police Station Sahibabad in District Ghaziabad of Uttar Pradesh.

The court observed that there must be compelling or special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail

After examining the whole record, the Court tracked down that in the expectant bail application, the candidate has not referenced any convincing or uncommon situation to move toward the Court straightforwardly without the avenue as available before the Court of Sessions being exhausted.

-Report by Anuj Dhar