In a notable decision, the Allahabad High Court revoked the anticipatory bail of a practicing lawyer accused of concealing his criminal history. This development underlines the severe consequences of non-disclosure in legal proceedings, especially for those within the legal profession.
The case came to the fore when a bail cancellation application was submitted, challenging the initial favorable verdict from the Trial Court. The application spotlighted the serious nature of the accusations against the lawyer under various sections of the Indian Penal Code (IPC), notably including sections 420 (cheating), 467 (forgery), and 506 (criminal intimidation).
Presiding over the case, Justice Krishan Pahal of the Single Bench expressed strong disapproval of the lawyer’s actions, emphasizing the heightened responsibility of legal practitioners to remain transparent and uphold justice. “The opposite party no. 2, being a practicing advocate, exacerbates his case due to the unexplained criminal antecedents… therefore, the anticipatory bail previously granted cannot be sustained,” Justice Pahal remarked.
The High Court’s decision brings attention to the distinct legal standards applied to anticipatory bail, which aims to prevent unjust arrest before any formal charges in cases where the allegations might be unsubstantiated. However, the Court stressed the importance of a thorough evaluation of any prior criminal behavior of the accused, which in this scenario, worked decidedly against the advocate.
“The conditions for anticipatory bail are stringent to avoid any potential misuse and to ensure non-interference with the judicial process,” the Court added while delivering its judgment. The ruling also reinstated the importance of transparency, particularly for those who serve the law, by setting aside the previous bail order dated June 9, 2023, from the Sessions Judge of Rampur.
Representing the state and the application for bail cancellation were Advocate Shubham Kesarwani and Assistant Government Advocate Ashutosh Srivastava. Meanwhile, Advocates Chandrika Patel and Gunjan Jadwani defended the accused lawyer.
