The High Court granted anticipatory bail to the applicant in a case under Section 392 IPC, directing him to furnish a bond with sureties and adhere to specific conditions regarding tampering with evidence and absconding.
Released on anticipatory bail by furnishing a personal bond with two sureties subject to specified conditions.
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Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1089 of 2023
Applicant :- Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
role of the accused has also to be taken into consideration.
(i) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(ii) that the applicant shall not leave India without previous permission of the court;
(iii) that the applicant shall not tamper with the evidence during the trial;
(iv) that the applicant shall not pressurize/ intimidate the prosecution witness;
(v) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted.
9. In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
10. It is made clear that observations made herein shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 17.2.2023 #Vikram/-
Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case under Section 392 IPC.
Whether the allegations in the complaint are without substance and the applicant innocent.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraDistinguished¶10
(2011) 1 SCC 694 · Who else cites this
2 provisions across 2 enactments
Gopal
State of U.P.
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
