Allahabad High Court Weekly Round-Up: October 3 To October 9, 2022

Rajendra Kumar And 2 Others v. State Of U.P. Thru Prin Secy Home And Another 2022 LiveLaw (AB) 455

Shahzad v. State of U.P. 2022 LiveLaw (AB) 456

Jitendra @ Jitendra Kumar Singh v. State of U.P 2022 LiveLaw (AB) 457

Ajay Agarwal v. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others 2022 LiveLaw (AB) 458

Anugrah Narayan Singh v. Harsh Vardhan Bajpayee 2022 LiveLaw (AB) 459

Umesh Pratap Singh v. State Of U.P. And 5 Others 2022 LiveLaw (AB) 460

Kailash v. State of U.P. and other connected appeals 2022 LiveLaw (AB) 461

ORDERS/JUDGMENTS OF THE WEEK

Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court

Case title - Rajendra Kumar And 2 Others v. State Of U.P. Thru Prin Secy Home And Another [APPLICATION U/S 482 No. - 6779 of 2022]

Case Citation: 2022 LiveLaw (AB) 455

The Allahabad High Court recently observed that the cancellation of bail cannot be done without giving notice to the accused and giving him an opportunity of being heard.

With this, the bench of Justice Ajai Kumar Srivastava-I sets aside the order of the Sessions Judge, Raebareli canceling the bail granted earlier to Rajendra Kumar and 2 others in connection with a criminal case.

The High Court noted that the impugned order canceling the bail was passed without issuing notice to the applicants/accused and without affording them a reasonable and sufficient opportunity of hearing and the same was patently illegal being in flagrant violation of Supreme Court rulings.

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court

Case title - Shahzad v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION US 438 CR.P.C. No. - 9391 of 2022]

Case Citation: 2022 LiveLaw (AB) 456

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.

With this, the bench of Justice Krishan Pahal granted anticipatory bail to one Shahzad in connection with the offence under Section 3/7 of The Essential Commodities Act.

A Person Seeking Regular Bail Has To Be In Court's Custody Which Isn't Necessarily Required To Be Physical Custody: Allahabad HC

Case title - Jitendra @ Jitendra Kumar Singh v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 37894 of 2021]

Case Citation: 2022 LiveLaw (AB) 457

The Allahabad High Court recently held that it is not mandatory for an accused to be in physical custody at the time of filing the bail application. The Court clarified that if the accused is out of physical custody but his liberty is subject to the conditions imposed by the Court i.e. the accused is in constructive custody, he can apply for regular bail.

The bench of Justice Saurabh Vidyarthi observed thus while granting regular bail to one Jitendra who is facing charges under sections 420 and 120B of IPC. The Court noted that he had not been named in the FIR; rather, his name surfaced during the investigation.

High Court Of One State Can Grant Transit Bail In A Case Registered Within Jurisdiction Of Another HC: Allahabad High Court

Case title - Ajay Agarwal v. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION 438 CR.P.C. No. - 1669 of 2022]

Case Citation: 2022 LiveLaw (AB) 458

The Allahabad High Court has recently observed that the High Court of one State can grant transit bail in respect of a case registered within the jurisdiction of another High Court in the exercise of power under Section 438 of the Code of Criminal Procedure.

"...there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the applicants to approach the Courts including High Courts where the offence is alleged to have been committed and the case is registered," the Court stressed.

With this, the bench of Justice Rajesh Singh Chauhan granted transit anticipatory bail to a man booked under Sections 406 & 420 IPC in connection with a case registered in Maharashtra

Furnishing False Information About Educational Qualification Not 'Corrupt Practice' U/S 123 Of RP Act: Allahabad High Court

Case title - Anugrah Narayan Singh v. Harsh Vardhan Bajpayee [ELECTION PETITION No. - 10 of 2017]

Case Citation: 2022 LiveLaw (AB) 459

The Allahabad High Court has observed that a piece of false information regarding the education qualification of an election candidate can't be termed a 'corrupt practice' within the meaning of subsection (2) or (4) of section 123 R.P. Act.

The bench of Justice Raj Beer Singh further observed that the information regarding the educational qualifications of a candidate is not a vital and useful piece of information to the voter and thus, it cannot be said that any inconsistency or error in the affidavit of a candidate regarding candidate's educational qualification would amount to corrupt practice.

The Court also held that concealment of electricity dues or housing loans by a candidate would also not be termed as a corrupt practice within the meaning of section 123 of the R.P. Act.

"Criminal Case Pendency No Ground To Deny Promotion": Allahabad High Court Orders UP Govt To Promote A Police Inspector As Dy. SP

Case title - Umesh Pratap Singh v. State Of U.P. And 5 Others [WRIT - A No. - 7917 of 2022]

Case Citation: 2022 LiveLaw (AB) 460

The Allahabad High Court has directed the Uttar Pradesh Government to give a promotion to a Police Inspector posted in the Civil Police to the post of a Deputy Superintendent of Police.

With this, the bench of Justice Neeraj Tiwari set aside the order of the Additional Chief Secretary Home by which the name of the petitioner was kept in a sealed cover envelop and juniors to him were granted promotion

SC/ST Act | "Special Court's Order Rejecting Anticipatory Bail Plea Appealable U/S 14A Before HC": Allahabad High Court

Case title - Kailash v. State of U.P. and other connected appeals

Case Citation: 2022 LiveLaw (AB) 461

The Allahabad High Court has observed that an order of the Special Court granting/rejecting bail for the offences punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 is appealable before the HC under Section 14A of the 1989 Act.

The bench of Justice Krishan Pahal further clarified that if the Special Court denies anticipatory bail to the accused, he may move an appeal against the bail denial order before the High Court under Section 14A of the 1989 Act, however, it would not be open to him to file an anticipatory bail before the High Court under Section 438 of CrPC.