Allowed

Smt Kalyani@ Kalpana v. State of U.P. and Another

Allahabad HC29 Nov 2022ABAIL/11337/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by the applicant in a offences case. The court granted relief based on the principle of parity with her co-accused who had already been granted bail, relying on Sushila Aggarwal judgment.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond and two sureties with standard conditions.

Smt Kalyani@ Kalpana Vs State of U.P. and Another — Anticipatory Bail | 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. - 11337 of 2022

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Applicant :- Smt Kalyani@ Kalpana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Manish Kumar Singh, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.157 of 2021, under Sections 147, 148, 149, 452, 323, 504 IPC at Police StationJalalpur, District Hamirpur with a prayer to enlarge her on anticipatory bail.

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Learned counsel for the applicant has submitted that co-accused person, Smt. Pragati, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 15.11.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9958 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 she will cooperate in the trial 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 learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by her.

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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.

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In view of the above, the anticipatory bail application of the

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applicant is allowed. Let the accused-applicant- Smt. Kalyani @ Kalpana be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond 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:-

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that the applicant shall make herself available for interrogation by a police officer as and when required;

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that the applicant 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicant shall not leave India without the previous permission of the court;

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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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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.

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Order Date :- 29.11.2022 Ravi Kant

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Digitally signed by RAVI KANT Date: 2022.11.29 16:57:26 IST Reason: Location: High Court of Judicature at Allahabad

Smt Kalyani@ Kalpana v. State of U.P. and Another

Case brief

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Smt Kalyani@ Kalpana v. State of U.P. and Another

Case brief

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