Allahabad High Court judgments

Allahabad HC permits applicants to file fresh bail applications before the trial court under Section 482 CrPC, relying on the Supreme Court's Satender Kumar Antil judgment. No coercive action will be taken for four weeks or until the bail plea is filed, whichever is earlier.

Allahabad HC directs reconsideration of ex-gratia compensation for a police officer's Covid-19 death within three months, emphasizing beneficial interpretation of government orders. The ruling underscores administrative fairness in processing claims despite hyper-technical rejections.

Allahabad HC set aside bail rejection under SC/ST Act after finding the appellant falsely implicated as a marginal witness in a fabricated sale deed dispute. The court emphasized that civil disputes alone cannot justify prima facie caste-based insults under the Act.

Allahabad HC orders state authorities to release salary and arrears to an ad hoc Sanskrit teacher whose appointment was approved by Sampurnanand Sanskrit University but denied payment. The ruling underscores the enforceability of mandamus against grant-in-aid institutions for salary defaults.

Allahabad HC dismissed an anticipatory bail plea for offences punishable with less than seven years under BNSS Section 35(3), citing Arnesh Kumar principles. The ruling clarifies that statutory safeguards under BNSS apply strictly, limiting pre-arrest relief for such offences.

Allahabad HC grants bail in a dowry death trial where key witnesses turned hostile, relying on the Kapil Wadhawan precedent and citing overcrowded jails. The ruling underscores bail discretion in dowry cases despite hostile testimony and procedural delays.

Allahabad HC granted anticipatory bail to parents of a co-accused in a minor abduction case under BNSS, citing lack of direct allegations, absence of criminal antecedents, and over-implication. The ruling reinforces judicial caution against indiscriminate parental liability in abduction cases involving minors.

Allahabad HC directs applicants to surrender within three weeks and mandates expeditious disposal of bail applications under Satender Kumar Antil guidelines. Non-bailable warrant kept in abeyance for the interim period. Ruling reinforces procedural fairness in surrender-linked bail jurisprudence.

Allahabad HC grants anticipatory bail to a 65-year-old accused in a 20-year-old land fraud case under Section 420 IPC, citing inordinate delay in FIR lodging and absence of independent witnesses. The ruling underscores the court's emphasis on procedural fairness and senior citizen considerations in bail adjudication.

Allahabad HC grants anticipatory bail to Smt Arti Singh, holding mere receipt of embezzled funds in her account does not establish criminal liability. The ruling clarifies that vicarious liability requires specific involvement, not passive association.

Allahabad HC quashed criminal proceedings under Sections 323, 504 IPC for non-cognizable offences after finding the magistrate erred by treating a police report as a state case. The court emphasized that cognizance of non-cognizable offences must comply with Section 2(d) CrPC, mandating a complaint-based process.

Allahabad HC set aside a maintenance order and directed the Family Court to follow Supreme Court’s Rajnesh vs. Neha guidelines requiring parties to file affidavits of assets and liabilities before interim relief is granted. The court ordered compliance within 15 days and adjudication within 30 days, emphasizing procedural fairness in Section 125 CrPC applications.

Allahabad HC ruled that the statutory six-month cooling period under Section 13-B(2) of the Hindu Marriage Act, 1955, cannot be waived, but once elapsed, the Family Court must proceed with the mutual divorce petition. The ruling clarifies that waiver rejections become infructuous post-cooling period, directing expeditious disposal of pending petitions.

Allahabad HC directs District Magistrate to remove illegal encroachment within one week, holding four-year inaction by authorities violates rule of law and finality of SDM order under Section 133 CrPC. The ruling underscores executive accountability in public pathway restoration.

Allahabad HC grants bail to applicant in POCSO case, citing co-accused release and Supreme Court’s Kapil Wadhawan precedent. Court emphasizes no incriminating evidence, completed charge sheet, and jail overcrowding while balancing offence gravity.

Allahabad HC grants bail under BNSS 64 after noting a 1.5-month delay in FIR registration, contradictions in the victim's statement, lack of documentary proof of age, and a medico-legal report failing to corroborate rape allegations. The court emphasized overcrowded jails and trial pendency while stressing the need for robust evidence in serious offenses.

Allahabad HC granted anticipatory bail to a first-time offender accused of grievous injuries, citing over-implication and absence of criminal antecedents. The court emphasized that mere general role without specific attribution of injury and compromise affidavits for co-accused strengthened the case for bail.

Allahabad HC granted bail in a false promise of marriage case under BNS Sections 69 and 351(3), noting the victim’s refusal to undergo medico-legal examination and the applicant’s lack of criminal history. The court emphasized the absence of incriminating evidence and jail overcrowding while citing Kapil Wadhawan v. CBI.

Allahabad HC granted bail under POCSO and BNS despite contradictory victim statements and absence of medico-legal report, citing prolonged trial and jail overcrowding. The court emphasized cooperation undertakings and no criminal history as key factors in the decision.

Allahabad HC directs Juvenile Justice Boards to conclude pending juvenile trials within one year under BNSS Section 529, prioritizing expeditious justice for children in conflict with law. The ruling addresses systemic delays in juvenile cases, emphasizing compliance with statutory timelines to protect child rights.

The Allahabad High Court has mandated that the Real Estate Regulatory Authority must conclude registration proceedings initiated via notice under Section 59 of RERA, 2016, within three months of its production. This enforces a strict statutory deadline, protecting homebuyers from indefinite delays and reinforcing RERA’s obligation to act with urgency, not discretion.

Allahabad High Court rules that compliance with a compromise agreement, including full payment of maintenance under Section 125(3) CrPC, extinguishes the wife's right to continue litigation. The judgment reinforces that post-payment, proceedings must be quashed to prevent abuse of process, setting a precedent for similar matrimonial disputes.

Allahabad High Court reinforces that Permanent Lok Adalats must conduct a proper conciliation process under Section 22-C of the Legal Services Authority Act before adjudication. Failure to do so vitiates proceedings, as held in this case, impacting all disputes before Lok Adalats across Uttar Pradesh.

Allahabad High Court holds that government employees are entitled to 7% interest on delayed payment of retiral dues for the period 01.11.1999 to 04.09.2015, reinforcing accountability for administrative delays. The ruling sets a precedent for timely disbursement of pension arrears under service law.