This court granted anticipatory bail to five applicants in a criminal case involving alleged offenses against police personnel, setting conditions based on the Sushila Aggarwal judgment.
Applicants released on anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:205113
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11381 of 2023
Applicant :- Javed And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
raised by learned counsel for the applicants.
(i) The applicants 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.
(ii) The applicants 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 them from disclosing such facts to the Court or to any police officer.
(iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
(vi) In case, the applicants misuses the liberty of bail, the Court concerned may take appropriate action in accordance
with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against his in accordance with law.
Order Date :- 27.10.2023 Krishna*
Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants should be granted anticipatory bail in the criminal proceedings regarding alleged offenses against police officers?
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Explained¶11
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. · Who else cites this
Sushila Aggarwal vs. State (NCT of Delhi)Explained¶19
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. · Who else cites this
1 provisions across 1 enactments
Javed And 4 Others
State of U.P.
Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
