Dismissed

Pappu Sonkar @ Raj Kumar v. State of U.P. and 2 Others

Allahabad HC24 Nov 2022ABAIL/11402/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the applicant on the ground of parity with a co-accused. The court imposes standard conditions including bond, cooperation with investigation, no inducement, and no travel abroad.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs.50,000 with two sureties and standard conditions of cooperation and restriction on travel.

Pappu Sonkar @ Raj Kumar Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11402 of 2022

¶3

Applicant :- Pappu Sonkar @ Raj Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

Heard Sri Vijay Kumar Mishra, learned counsel for the applicant, Sri R.M. Yadav, learned Additional Government Advocate for the State and perused the records.

¶6

The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.123 of 2022, registered under Section 306 IPC at Police Station- Khuldabad, District Prayagraj with a prayer to enlarge him on anticipatory bail.

¶7

Learned counsel for the applicant has submitted that the coaccused person, Naresh Sonkar, 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.9679 of 2022. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

¶8

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.

¶9

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

¶10

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

¶11

(A) In the event of arrest of the applicant- Pappu Sonkar @ Raj Kumar involved in aforesaid case 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 his/her furnishing a personal bond of Rs.50,000/- with two

¶12

sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

¶13

(B) The applicant 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;

¶14

(C) 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; and

¶15

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

¶16

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 applicant.

¶17

Order Date :- 24.11.2022 Ravi Kant

¶18

Digitally signed by RAVI KANT Date: 2022.11.24 16:35:55 IST Reason: Location: High Court of Judicature at Allahabad

Pappu Sonkar @ Raj Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Pappu Sonkar @ Raj Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nand Lal Mishra Vs State of U.P.

Rashmi Rawat (Advocate) Vs State of U.P.

Mohit @ Anuj and 3 Others Vs State of U.P. and Another

Gulfam Vs State of U.P.

Rajni Vs State of U.P. and 3 Others

Sumit Shakya Vs State of U.P. and Another