Allowed

Sunil Kumar Saxena and 3 Others v. State of U.P. and Another

Allahabad HC9 Nov 2022ABAIL/10278/2022

Case brief

AI extract

What is this about?

This single-judge bench allowed an anticipatory bail application filed by four applicants in a criminal case involving theft and cheating. Relying on parity with a co-accused who received bail earlier, the court granted bail pending police report submission, subject to standard conditions regarding cooperation, inducement, and travel outside India.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 50,000 with two sureties until filing of police report under Section 173(2) Cr.P.C.

Sunil Kumar Saxena and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10278 of 2022

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Applicant :- Sunil Kumar Saxena And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Vivek Kumar Mishra, learned counsel for the applicants, Sri R.P. Patel, learned Additional Government Advocate for the State and perused the records.

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The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.16 of 2014, registered under Sections 409, 420, 467, 468, 471, 120-B, 323, 504 and 506 IPC at Police Station- Rauza, District Shahjahanpur with a prayer to enlarge them on anticipatory bail.

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Learned counsel for the applicants has stated that co-accused person, Anuj Kumar Trivedi, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 25.3.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.7534 of 2021. There is no criminal history of the applicants. Therefore, the present applicants are also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicants undertakes that they will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.

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Accordingly, the anticipatory bail application is allowed with following directions:-

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(A) In the event of arrest of the applicants- Sunil Kumar Saxena, Ajeet Kumar Saxena, Jagdish Prasad and Jayprakash Bharadwaj (Balaji) involved in aforesaid case

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shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned/court concerned;

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(B) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

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(C) The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and

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(D) The applicants shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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Order Date :- 9.11.2022 Ravi Kant

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Digitally signed by RAVI KANT Date: 2022.11.10 14:08:59 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Kumar Saxena and 3 Others v. State of U.P. and Another

Case brief

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Sunil Kumar Saxena and 3 Others v. State of U.P. and Another

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