A single judge of the Allahabad High Court allowed an anticipatory bail application under Section 438 Cr.P.C. relying on parity with a co-accused and the Supreme Court's decision in Sushila Aggarwal, imposing standard conditions of bail.
Anticipatory bail allowed on personal bond of Rs.50,000 and two sureties each of like amount.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10533 of 2022
Applicant :- Nekhram Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Vipin Chandra Pandey, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in S.S.T. No.361 of 2013, Complaint Case No.145 of 2011 registered under Sections 395 and 397 IPC at Police Station- Mansukhpura, District Agra with a prayer to enlarge him on anticipatory bail.
Learned counsel for the applicant has submitted that co-accused person, Siyaram @ Shree Ram, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 20.10.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9883 of 2022. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. There are no criminal antecedents of the applicant. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the fact that the co-accused person has already been enlarged on anticipatory bail, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the
applicant is allowed. Let the accused-applicant- Nekhram be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 1.11.2022 Ravi Kant
Digitally signed by RAVI KANT Date: 2022.11.01 16:18:05 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail on the ground of parity granted to a co-accused.
What future contingencies need to be recorded while granting anticipatory bail.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Applied¶9
Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1 · Who else cites this
1 provisions across 1 enactments
Nekhram
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishan Pahal
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