NOMINAL INDEX Abbas Ansari and another vs. State of U.P. and 2 others 2023 LiveLaw (AB) 44 Lalita Gupta vs. High Court Of Judicature Allahabad Thru. Registrar General And Others 2023 LiveLaw (AB) 45 Fuzail vs. State of UP 2023 LiveLaw (AB) 46 Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi and Others 2023...
NOMINAL INDEX
Abbas Ansari and another vs. State of U.P. and 2 others 2023 LiveLaw (AB) 44
Lalita Gupta vs. High Court Of Judicature Allahabad Thru. Registrar General And Others 2023 LiveLaw (AB) 45
Fuzail vs. State of UP 2023 LiveLaw (AB) 46
Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi and Others 2023 LiveLaw (AB) 47
Swami Chinmiyanand Saraswati Pupil vs. State Of U.P. And Another 2023 LiveLaw (AB) 49
Mahendra Pratap Singh vs. State Of U.P. Thru. Secy. Home U.P. Civil Secrett. Lko. And Others 2023 LiveLaw (AB) 50
Lal Jeet and Tej Bahadur vs. State of U.P. along with a connected appeal 2023 LiveLaw (AB) 51
Uma Shankar Singh And 10 Others vs. State of U.P. 2023 LiveLaw (AB) 52
Bitola @ Rinku vs. State Of U.P. And Another 2023 LiveLaw (AB) 53
State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. Vs. Mohd. Rizwan @ Raziwan 2023 LiveLaw (AB) 54
Chantara vs. State of U.P. 2023 LiveLaw (AB) 55
Ranbir Singh vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 56
Suneeta Pandey vs. State Of U.P. And Another 2023 LiveLaw (AB) 57
Abdul Razak Peediyakkal vs. Union Of India Enforcement Directorate Thru.Assistant Director 2023 LiveLaw (AB) 58
Konarkagro Polytech Pvt. Ltd. & Ors. v Bank Of Baroda & Ors. 2023 LiveLaw (AB) 59
Minor 'X' Through His Guardian/Father, District Prayagraj vs. State of U.P. and Another 2023 LiveLaw (AB) 60
Salman Khurshid vs. State of U.P. and Another 2023 LiveLaw (AB) 61
Kushwaha Mahasabha and another vs. State of U.P. and others 2023 LiveLaw (AB) 62
Santosh Gupta vs. State Of U.P.And 4 Ors 2023 LiveLaw (AB) 63
M/S Yash Kothari Public Charitable Trust Versus State Of U.P. And 2 Others 2023 LiveLaw (AB) 64
Prem Narayan Pandey vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2023 LiveLaw (AB) 65
Jitendra Narayan Tyagi Alias Syed Waseem Rizvi vs. The State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 2 Others 2023 LiveLaw (AB) 66
Anees vs. State of U.P 2023 LiveLaw (AB) 67
Jose Prakash George And 36 Others vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 68
Inayat Altaf Shekh And 3 Others vs. State Of UP and Another 2023 LiveLaw (AB) 69
Parvez Parwaz And Another vs. State of U.P. and Another 2023 LiveLaw (AB) 70
M/s Radha Fragrance versus Union of India & Ors. 2023 LiveLaw (AB) 71
Javed Mohammad @ Pump @ Javed Ahmad vs. State of U.P 2023 LiveLaw (AB) 72
Irfan Solanki vs. State of U.P 2023 LiveLaw (AB) 73
Sandeep Kumar Mishra vs. State of U.P. along with a connected matter 2023 LiveLaw (AB) 74
Aditya Raj Verma vs. State Of U.P. . And Another 2023 LiveLaw (AB) 75
Govind Prakash Pandey vs. Directorate Of Enforcement Govt. India Represented By Its Assistant Director Lko. 2023 LiveLaw (AB) 76
Shakila Khatun vs. State of U.P. and Another 2023 LiveLaw (AB) 77
Rajeev Bansal Versus Union Of India 2023 LiveLaw (AB) 78
Umakant Yadav vs. State of U.P. 2023 LiveLaw (AB) 79
Maneesh Pathak vs. State of U.P. 2023 LiveLaw (AB) 80
Vinod Bihari Lal vs. State of U.P. and Another and connected matter 2023 LiveLaw (AB) 81
Ali @ Ali Ahmad @ Mohd Ali Ahmad vs. State of U.P. 2023 LiveLaw (AB) 82
Mohd. Abdul Khaliq Vs. State Of U.P. And Another 2023 LiveLaw (AB) 83
The Indian Express Pvt. Ltd vs Union Of India And 15 Others 2023 LiveLaw (AB) 84
ORDERS/JUDGMENTS OF THE MONTH
Case title - Abbas Ansari and another vs. State of U.P. and 2 others [Application U/S 482 No.25838 of 2022]
Case Citation: 2023 LiveLaw (AB) 44
The Allahabad High Court refused to quash criminal proceedings initiated against Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case.
The bench of Justice Dinesh Kumar Singh said that considering the context and the intention with which the offending words were spoken in a public meeting by Ansari, at this stage it cannot be said that the offence under Section 153-A IPC is not attracted against the petitioner.
"The scope of power under Section 482 Cr.P.C. is limited, and it should be exercised in exceptional cases where the complaint or charge sheet does not disclose any offence. Whether the offence under Section 153-A IPC gets attracted or not, would depend on the quality of evidence led by the prosecution during the trial. However, at this stage, this Court does not find any ground to interfere with the ongoing proceedings or the charge sheet," the Court's order reads.
Case Title: Lalita Gupta vs. High Court Of Judicature Allahabad Thru. Registrar General And Others [WRIT - A No. - 672 of 2023]
Case Citation: 2023 LiveLaw (AB) 45
The Allahabad High Court denied relief to an unsuccessful candidate who appeared for an Interview of the Uttar Pradesh Higher Judicial Service Examination 2020 and challenged the final select list after her name did not appear in the list.
The bench of Justice Ramesh Sinha and Justice Subhash Vidyarthi noted that she took a calculated chance of being successful in the interview, but when the result was not favorable to her, she challenged the select list and thus, her writ plea was not maintainable.
Man Accused Of Selling Sugarcane Juice Adulterated With Beef Granted Bail By Allahabad High Court
Case title – Fuzail vs. State of UP [CRIMINAL MISC. BAIL APPLICATION No. - 397 of 2023]
Case Citation: 2023 LiveLaw (AB) 46
The Allahabad High Court granted bail to one Fuzail who has been accused of selling sugarcane juice which was adulterated with beef.
The bench of Justice Deepak Verma granted him bail keeping in view the nature of offence, evidence, and complicity of the accused and the law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau Of Investigation | 2022 LiveLaw (SC) 577.
Accused Fuzail, booked under Sections 323, 504, 295-A I.P.C. and Section 3, 5 of U.P. Prevention of Cow Slaughter Act, 1955, had moved the High Court seeking bail on the ground that he is innocent and has been falsely implicated in the case due to ulterior motive.
Case title - Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi and Others [CRIMINAL MISC. WRIT PETITION No. - 7522 of 2022]
Case Citation: 2023 LiveLaw (AB) 47
The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.
The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4(2)(e) of the 1989 Act and Rule 7(2) of the SC-ST Act Rules 1995 only enjoins upon the IO to file such a charge sheet where, based on evidence collected during the investigation, the offence is made out.
Case Title - Swami Chinmiyanand Saraswati Pupil vs. State Of U.P. And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11900 of 2022]
Case Citation: 2023 LiveLaw (AB) 49
The Allahabad High Court granted anticipatory bail to former Union minister Chinmayanand Saraswati in connection with the Shahjahanpur Rape Case 2011 after the state did not oppose his bail plea.
In fact, the Counsel for the complainant filed a counter affidavit stating that the complainant has no objection, whatsoever, if Chinmayanand is enlarged on anticipatory bail.
Case title - Mahendra Pratap Singh vs. State Of U.P. Thru. Secy. Home U.P. Civil Secrett. Lko. And Others
Case Citation: 2023 LiveLaw (AB) 50
While dealing with the writ plea of a man accused of burning the copies of Ramcharitmanas, the Allahabad High Court directed the police authorities to follow the mandate of Section 41A CrPC and also the directions issued by the Supreme Court in Arnesh Kumar v. State of Bihar.
The bench of Justice Devendra Kumar Upadhyaya and Justice Narendra Kumar Johari however denied to quash the FIR filed against Accused Mahendra Pratap Singh who has been booked under Sections 120-B, 142, 143, 153-A, 295, 295-A, 298, 504, 505(2), 506 I.P.C.
Case title - Lal Jeet and Tej Bahadur vs. State of U.P. along with a connected appeal
Case Citation: 2023 LiveLaw (AB) 51
The Allahabad High Court upheld the order of a Session Court awarding life imprisonment to 2 persons after finding them guilty of committing gang rape against a 7-year-old girl in the year 2010.
Refusing to reduce the sentence awarded to the convicts, the bench of Justice Suneet Kumar and Justice Umesh Chandra Sharma observed thus:
“It is not a case of rape by juvenile, a single accused with a mature lady or with a girl who is on the verge of attaining the age of puberty or majority. The victim was not knowing even the nature of the offence. Therefore, considering the nature of injuries, age of the victim, age of the accused persons and that it is a case of gang rape with a little girl, this Court is of the view that the trial court has rightly imposed the sentence of life imprisonment and fine of Rs.10,000/- each.”
Case title - Uma Shankar Singh And 10 Others vs. State of U.P. [APPLICATION U/S 482 No. - 2704 of 2023]
Case Citation: 2023 LiveLaw (AB) 52
The Allahabad High Court allowed an application of the Public Prosecutor's application for 'Withdrawal From Prosecution' as provided under Section 321 CrPC against the lone Bahujan Samaj Party MLA in Uttar Pradesh, Umashankar Singh in connection with a cheating case.
The Bench of Justice Dinesh Kumar Singh noted that the concerned Public Prosecutor had not only considered the facts and circumstances of the case but also considered the evidence in a fair detailed manner.
Case title - Bitola @ Rinku vs. State Of U.P. And Another [CRIMINAL REVISION No. - 811 of 2022]
Case Citation: 2023 LiveLaw (AB) 53
The Allahabad High Court set aside an order of the Family Court rejecting the application of one Bitola (revisionist/wife) seeking maintenance from her Husband on the ground that she is staying away from her husband without any sufficient reason.
The bench of Justice Raj Beer Singh observed that the Family Court conducted the proceedings without being alive to the objects and reasons and the spirit of the provisions under Section 125 of CrPC and disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife, who is unable to maintain herself.
Case title - State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. Vs. Mohd. Rizwan @ Raziwan [CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 114 of 2022]
Case Citation: 2023 LiveLaw (AB) 54
The Allahabad High Court initiated suo moto criminal contempt proceedings against an advocate who misled the court to obtain a bail order.
The bench of Justice Dinesh Kumar Singh passed this order against Advocate Parmanand Gupta after finding that he obtained a favorable order for his client concealing the fact that another bail plea had earlier been rejected by another bench of the court.
Case title - Chantara vs. State of U.P.
Case Citation: 2023 LiveLaw (AB) 55
"Since 75th Independence Day Celebrations, Government has marked Azadi-ka-Amrit Mahotsav terming it to be 'Amrit Kaal' with prospective vision in the welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure," the Allahabad High Court observed recently while taking exception to a counter affidavit filed by the state in an anticipatory bail plea stating that the applicant is of criminal intent.
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The bench of Justice Manju Rani Chauhan also took to task the deponent of the counter affidavit (Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj) by observing that the officer believed himself to be empowered with sanction to author a certificate of the propensity of a person without any cogent material.
"A bare reading of the averments in counter affidavit whereby the applicant is said to be of criminal intent appears to be on the basis of skewed information. No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis," the bench observed.
Case title - Ranbir Singh vs. State Of U.P. And 2 Others [WRIT - A No. - 1789 of 2022]
Case Citation: 2023 LiveLaw (AB) 56
The Allahabad High Court observed that the Competent Authority can not withhold the recommendation of a person indefinitely on the ground of adopting the sealed cover procedure during the pendency of the criminal case.
The bench of Justice Jaspreet Singh observed thus while granting relief to one Ranbir Singh (presently serving as a Tehsildar with the State Government and seeking promotion to the post of a Deputy Collector) by directing the Competent Authority to consider his claim of opening the sealed cover within a period of eight weeks from the date.
Case title - Suneeta Pandey vs. State Of U.P. And Another [APPLICATION U/S 482 No. - 39234 of 2022]
Case Citation: 2023 LiveLaw (AB) 57
The Allahabad High Court observed that a woman can not commit the offence of rape but if she facilitates the act of rape with a group of people then she may be prosecuted for 'Gang Rape' under Section 376D Of IPC in view of the amended provisions.
Perusing the provisions of Section 375 and 376 IPC (as amended by Act 13 of 2013 of the Indian Penal Code, 1860), the bench of Justice Shekhar Kumar Yadav rejected the argument that a woman cannot be prosecuted for the alleged commission of the offence of gang rape.
Case title - Abdul Razak Peediyakkal vs. Union Of India Enforcement Directorate Thru.Assistant Director [CRIMINAL MISC. BAIL APPLICATION No.7719 of 2022]
Case Citation: 2023 LiveLaw (AB) 58
The Allahabad High Court rejected the bail plea of the alleged Popular Front of India (PFI) leader Abdul Razaq Peediyakkal in the PMLA Case wherein he has been accused of collecting and laundering funds over Rs. 20 crores for the PFI.
The bench of Justice Rajesh Singh Chauhan rejected the bail plea today.
It may be noted that the ED raided Peediyakkal’s residence as well as the Munnar Villa Vista Project (MVVP) site in December 2021 wherein it found several discrepancies in the receipt of suspicious foreign funds from abroad and also in cash expenses incurred and recorded in the books of accounts.
Case Title: Konarkagro Polytech Pvt. Ltd. & Ors. v Bank Of Baroda & Ors. [WRIT - C No. - 35965 of 2022]
Citation: 2023 LiveLaw (AB) 59
The Allahabad High Court Bench, comprising of Justice Manoj Kumar Gupta and Justice Vikram D. Chauhan, while adjudicating a petition filed in Konarkagro Polytech Pvt. Ltd. & Ors. v Bank of Baroda & Ors., directed the Bank to re-consider its decision of declaring the Borrowers (Petitioners) as wilful defaulters, as a One Time Settlement (OTS) was subsequently entered between the Bank and Borrowers and full compromise amount has been towards the Petitioner Company’s accounts.
The Bench also granted liberty to the Borrowers to avail legal remedy if the Bank’s decision on their representation is not favourable to them.
Case title - Minor 'X' Through His Guardian/Father, District Prayagraj vs. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11542 of 2022]
Case Citation: 2023 LiveLaw (AB) 60
The Allahabad High Court observed that a child in conflict with the law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) can not file an application under Section 438 of CrPC seeking anticipatory bail.
"In case, the provisions of Section 438 Cr.P.C. are allowed to hold the field in the matters of juvenile, the aim and object of the Act shall be defeated. The interpretation of law cannot be devised in a way, so as to put a hurdle in the broader and solemn aim which is sought to be achieved by this enactment," the Court said.
Case title - Salman Khurshid vs. State of U.P. and Another [APPLICATION U/S 482 No. - 38523 of 2019]
Case Citation: 2023 LiveLaw (AB) 61
The Allahabad High Court has quashed a criminal case registered against Congress leader Salman Khurshid for allegedly making an indecent remark against the Chief Minister of Uttar Pradesh Yogi Adityanath.
During the electioneering for Lok Sabha Election 2019, while referring to Uttar Pradesh's Chief Minister Yogi Adityanath, Congress leader Khurshid had allegedly said: “Rishte me ham unke Baap Lagte hai".
Case title - Kushwaha Mahasabha and another vs. State of U.P. and others [PUBLIC INTEREST LITIGATION (PIL) No. - 1969 of 2022]
Case Citation: 2023 LiveLaw (AB) 62
Observing that nowadays litigants can go to any extent to mislead the court, the Allahabad High Court imposed a ₹1 lakh cost on a Government Teacher who filed a Public Interest Litigation (PIL) plea by suppressing material facts.
The bench of the then Chief Justice Rajesh Bindal and Justice J. J. Munir further observed that in the post-Independence period, materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings.
Case title - Santosh Gupta vs. State Of U.P.And 4 Ors [CRIMINAL REVISION No. - 221 of 2004]
Case Citation: 2023 LiveLaw (AB) 63
The Allahabad High Court allowed the legal heirs of Santosh Gupta (now dead), who was the complainant in the Prabhat Gupta Murder case of 2000 in which the Union Minister Ajay Mishra 'Teni' is the prime accused, to participate, as 'Victims', in the State's appeal moved before the High Court challenging Teni's acquittal.
The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on an application moved before it bringing on record the surviving legal heirs of the original revisionist (Santosh Gupta), who, being the complainant, had instituted a revision plea before the HC in 2005 against the judgment of acquittal.
Taxing Authorities Can't Stop Assessee From Claiming Statutory Right: Allahabad High Court
Case Title: M/S Yash Kothari Public Charitable Trust Versus State Of U.P. And 2 Others [WRIT TAX No. - 1027 of 2022]
Case Citation: 2023 LiveLaw (AB) 64
The Allahabad High Court has held that the taxing authorities cannot, in the garb of technicality, stop any assessee from claiming his statutory right, as provided under the Income Tax Act.
The bench of Justice Rohit Ranjan Agarwal has observed that, due to the mistake of the department or a technical glitch in the software, when an appeal of an assessee is not reflected on the portal, the department cannot deny the appeal filed offline on technical grounds.
Case title - Prem Narayan Pandey vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another [APPLICATION U/S 482 No. - 666 of 2023]
Case citation: 2023 LiveLaw (AB) 65
The Allahabad High Court allowed an application of the Public Prosecutor for 'Withdrawal From Prosecution' (as provided under Section 321 CrPC) against UP BJP MLA Prem Narayan Pandey in connection with a case registered against him under the UP Excise Act.
With this, the Court set aside the judgment and order passed by the Additional Session Judge, Special Judge (M.P./M.L.A.), Gonda (in November 2020) rejecting the plea of the public prosecutor.
Case title - Jitendra Narayan Tyagi Alias Syed Waseem Rizvi vs. The State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And 2 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 302 of 2023]
Case Citation: 2023 LiveLaw (AB) 66
The Allahabad High Court DENIED anticipatory bail to Jitendra Narayan Tyagi Alias Syed Waseem Rizvi in connection with a rape case registered against him in the year 2021 by the wife of his former driver.
Noting that non-bailable warrants have been issued against Tyagi by the Additional Chief Judicial Magistrate, Lucknow last month, the bench of Justice Mohd. Faiz Alam Khan did not find any good ground to provide him protection from arrest.
Case title - Anees vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 23624 of 2020]
Case Citation: 2023 LiveLaw (AB) 67
The Allahabad High Court observed that at the stage of adjudicating a bail application, it cannot delve into the quality or quantity of evidence and it can only consider whether the delinquent appears to have committed the crime and whether he is entitled to bail or not.
With this, the bench of Justice Krishan Pahal denied bail to a man who has been accused of killing his wife pursuant to setting her on fire. It was argued by the defence counsel that many prosecution witnesses had not supported the case of the prosecution.
Case title - Jose Prakash George And 36 Others vs. State Of U.P. And 4 Others [CRIMINAL MISC. WRIT PETITION No. - 1814 of 2023]
Case Citation: 2023 LiveLaw (AB) 68
The Allahabad High Court refused to quash a First Information Report (FIR) filed against 37 persons accusing them of coerced the first informant into religious conversion (Hinduism to Christianity) by inducements.
While doing so, the Court rejected the argument of the counsel for the accused persons that the instant FIR (filed by an aggrieved person as per the UP Prohibition of Unlawful Conversion of Religion Act) be quashed since there is already an FIR pending related to the same case.
Case title - Inayat Altaf Shekh And 3 Others vs. State Of UP and Another [TRANSFER APPLICATION (CRIMINAL) No. - 308 of 2021]
Case Citation: 2023 LiveLaw (AB) 69
The Allahabad High Court transferred the trial against three J&K students accused of raising pro-Pakistan slogans following Pakistan's victory in a T20 Cricket World Cup match against India in 2021 from the court of CJM, Agra to the court of CJM, Saharanpur.
The bench of Justice Om Prakash Tripathi passed this order on a transfer plea moved by the students after their counsel submitted before the Court that the District Bar Association, Agra has made a resolution that they will not defend the case of applicants.
Case title - Parvez Parwaz And Another vs. State of U.P. and Another [APPLICATION U/S 482 No. - 4227 of 2023]
Case Citation: 2023 LiveLaw (AB) 70
The Allahabad High Court dismissed a plea filed by one Parvez Parwaz challenging a Trial Court's order rejecting his protest plea against closure report in the alleged 2007 hate speech case against Uttar Pradesh Chief Minister Yogi Adityanath.
The bench of Justice Dinesh Kumar Singh observed that the Petitioner (Parwaz) is a busy body who has been fighting the case since 2007 and that his resources to fight/contest the litigation should be a matter of investigation.
"The petitioner appears to be a busy body who himself is facing several criminal cases, and he has been fighting this case since 2007. The petitioner must have been incurring huge expenses in engaging counsels to contest this case before the trial Court, this Court and the Supreme Court. His resources to fight/contest the litigation should be a matter of investigation," the bench remarked.
Case Title: M/s Radha Fragrance versus Union of India & Ors.
Case Citation: 2023 LiveLaw (AB) 71
The Allahabad High Court has ruled that under the garb of the protection given under Rule 138 of CGST Rules, 2017, dispensing the requirement of E-Way bill for movement of goods valuing below Rs.50,000, a dealer who is a manufacturer, cannot be allowed to send his goods to different consignees by undervaluing the same, and without the Taxing Authorities proceeding to take action against him under Section 129 of the CGST Act.
Prayagraj Violence: Allahabad High Court Grants Bail To Prime Accused Javed Mohammad In Another Case
Case title - Javed Mohammad @ Pump @ Javed Ahmad vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 55315 of 2022]
Case citation: 2023 LiveLaw (AB) 72
The Allahabad High Court granted bail to the Welfare Party Of India Leader Javed Mohammad in another case pertaining to the June 2022 Prayagraj Violence incident. He has been accused of leading the mob which allegedly damaged public property and set police vehicles on fire.
The bench of Justice Ajay Bhanot granted him bail as it noted that the counsels for the state could not satisfactorily refute the arguments made by the counsels for Javed Mohammad.
Case title - Irfan Solanki vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 709 of 2023]
Case Citation: 2023 LiveLaw (AB) 73
The Allahabad High Court denied bail to the Samajwadi Party MLA Irfan Solanki in connection with the FIR lodged against him for using a forged Aadhar Card and using the same for his air travel.
The bench of Justice Dinesh Kumar Singh termed it as 'strange' that a Member of the Legislative Assembly forged the national identity card i.e. Aadhar Card and traveled on the basis of the same.
With this, the Court also rejected the argument of the Counsel appearing for Solanki that the case essentially pertains to a violation of the Aadhar Act 2016 and that for filing a complaint under the act, authorization from the competent authority is mandatory, and since in the present case, no such sanction/permission was granted by the competent authority, therefore, no proceedings could be maintained against him.
Case title - Sandeep Kumar Mishra vs. State of U.P. along with a connected matter
Case Citation: 2023 LiveLaw (AB) 74
Observing that false implication in sexual offences is on a rise, the Allahabad High Court granted bail to two men accused of committing gang rape against a married woman while stressing that inordinate delay in lodging the FIR has to be considered at the time of adjudicating bail plea.
The bench of Justice Krishan Pahal further added that much water has flown down the Ganges since the Apex Court's opined in a 1983 case (Bharwada Bhoginbhai Hirjibhai vs. State of Gujarat) that no girl would foist a false case of sexual assault against any person to avoid being maligned in the non-permissive Indian society.
Case title - Aditya Raj Verma vs. State Of U.P. . And Another [CRIMINAL MISC. BAIL APPLICATION No. - 3077 of 2023]
Case Citation: 2023 LiveLaw (AB) 75
Granting bail to a man accused of raping his married live-in partner, the Allahabad High Court observed that it is difficult for a woman to live alone after breaking of live-in relationship.
Opining that Indian Society, at large, does not recognize such relationships as acceptable, the Court added that a woman, therefore, is left with no option but to lodge a first information report against her live-in partner, as it happened in the present case.
Case title - Govind Prakash Pandey vs. Directorate Of Enforcement Govt. India Represented By Its Assistant Director Lko.
Case Citation: 2023 LiveLaw (AB) 76
The Allahabad High Court granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA), observing that he was not arrested by the investigating agency under Section 19 of the PMLA and therefore rigours of Section 45 of the PMLA can't be made applicable.
The regular bail application moved by the applicant was rejected by the trial court on the ground that the twin conditions of Section 45 of PMLA are not satisfied.
Case title - Shakila Khatun vs. State of U.P. and Another [CRIMINAL REVISION No. - 3573 of 2021]
Case Citation: 2023 LiveLaw (AB) 77
The Allahabad High Court has observed that a divorced Muslim woman is entitled to claim maintenance under Section 125 CrPC even for the period after iddat and for her whole life unless she is disqualified for the reasons such as marriage with someone else.
While observing thus, the bench of Justice Raj Beer Singh set aside an order of the Family Court whereby the plea filed by one Shakila Khatun, a divorcee, under Section 125 CrPC was dismissed by holding that a divorced Muslim woman is not entitled to maintenance under Section 125 Cr.P.C
Case Title: Rajeev Bansal Versus Union Of India
Case Citation: 2023 LiveLaw (AB) 78
The Allahabad High Court ruled that the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) cannot be used to conduct the reassessment proceedings beyond March 30, 2021. The time limit outlined in Section 149(1)(b) (as amended beginning April 1, 2021) cannot be extended by the department after March 30, 2020.
The division bench of Justice Sunita Agarwal and Justice Vipin Chandra Dixit has observed that the relaxation law under TOLA would not govern the time frame prescribed under the first proviso to Section 149 as inserted by the Finance Act, 2021.
Case title - Umakant Yadav vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 22865 of 2020]
Case Citation: 2023 LiveLaw (AB) 79
The Allahabad High Court denied bail to former MP Umakant Yadav in connection with a 2019 case involving the alleged grabbing and damaging of the Gandhi Ashram in the Azamgarh district.
Taking note of his long criminal antecedents of 80 cases, the bench of Justice Dinesh Kumar Singh noted that he is a Bahubali, gangster and a dreaded criminal of Eastern Uttar Pradesh and is known for having bahubali, mafia, and gangster culture.
Case title - Maneesh Pathak vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 18536 of 2020]
Case Citation: 2023 LiveLaw (AB) 80
In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India.
The Court added that in such cases, an amicus curiae should be appointed to represent the applicant/prisoner and the matter be heard on merits.
Case title - Vinod Bihari Lal vs. State of U.P. and Another and connected matter
Case citation: 2023 LiveLaw (AB) 81
The Allahabad High Court on Tuesday denied anticipatory bail to the Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) (Dr.) Rajendra Bihari Lal and Institute's Director Vinod Bihari Lal in connection with a mass religious conversion case.
Noting that they are an influential person and their intent behind the charitable works appears to be
dubious, affecting the interest of a marginal section of society, the bench of Justice Manju Rani Chauhan said that they can't claim parity with other persons who have been released on anticipatory bail.
The bench noted that material evidence regarding mass conversion has been collected by the investigating agency that affects society at large and hence, it is a case concerning a
serious offence and cannot be taken lightly.
Case title - Ali @ Ali Ahmad @ Mohd Ali Ahmad vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 42431 of 2022]
Case Citation: 2023 LiveLaw (AB) 82
While denying bail to Ali Ahmad, son of 'Bahubali', 'Mafia Don' and former MP & MLA, Atique Ahmad in an attempt to murder case, the Allahabad High Court said that Ali is himself a Mafia Don in making, whose role has also figured in the Umesh Pal Murder case.
Umesh Pal, who was the star witness in the murder case of Raju Pal, a sitting Member of the Legislative Assembly, was shot dead on 24 February by the assailants outside his residence in Uttar Pradesh's Prayagraj
Case title - Mohd. Abdul Khaliq Vs. State Of U.P. And Another [APPLICATION U/s 482 No. - 1743 of 2021]
Case Citation: 2023 LiveLaw (AB) 83
Stressing the importance of cows in Hinduism and the need to stop the practice of killing them, the Allahabad High Court hoped that the Central Government would take an appropriate decision to ban cow slaughter in the country and to declare the same as a 'protected national animal'.
The bench of Justice Shamim Ahmed also observed that since India is a secular country where we must have respect for all religions and in Hinduism, the belief and faith is that the cow is representative of divine and natural beneficence, and therefore, it should be protected and venerated.
Case Title - The Indian Express Pvt. Ltd vs Union Of India And 15 Others
Case Citation: 2023 LiveLaw (AB) 84
The Allahabad High Court has directed the Prescribed Authority under The Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955, to refer the dispute, pertaining to deduction of salaries of the Indian Express employees during the COVID-19 pandemic, to the Labour Court.
Various employers including the newspapers had deducted the salaries of employees or workmen during the pandemic. In the case filed by certain employees of the Indian Express, it has been stated that they provided services even during the period in question - April 01, 2020, to February 28, 2021, but the daily still deducted a certain percentage of their monthly salary.