Allowed

Vineet Kumar v. State of U.P. and Another

Allahabad HC17 Oct 2023ABAIL/11130/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the court allowed the applicant's petition based on the principle of parity with a co-accused who had already been granted bail. The court imposed standard conditions for the grant.

What did the court decide?

Anticipatory bail granted under Section 438 Cr.P.C. on personal bond of Rs. 50,000 with two sureties of like amount, subject to conditions of cooperation, non-interference, and residence.

Vineet Kumar Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:200742

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11130 of 2023

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Applicant :- Vineet Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mathur,Jitendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Rakesh Kumar Mathur, learned counsel for the applicant and Sri Pranshu Kumar, 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.361 of 2022 registered under Sections 323, 420, 406, 467, 468 and 471 IPC at Police Station- Friends Colony, District Etawah with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that the coaccused person Guddi Devi has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 2.2.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.12895 of 2022. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. In all, two cases, of similar kind, were foisted on the applicant and the applicant has yet to apply for bail in Case Crime No.221 of 2022. 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.

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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 applicant has made out a case for grant of anticipatory 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 applicant- Vineet 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 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 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;

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(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

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(D) The applicant 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 applicant.

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Order Date :- 17.10.2023

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Ravi Kant

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(Krishan Pahal, J.)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Vineet Kumar v. State of U.P. and Another

Case brief

What is this about?

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Vineet Kumar v. State of U.P. and Another

Case brief

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