The High Court granted anticipatory bail to the applicant in a case involving affray, mischief, and attempted murder. The court noted no injuries and admitted other co-accused received bail, finding the case out on merit after applying Supreme Court principles.
Anticipatory bail granted on personal bond with two sureties and standard conditions.
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.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11496 of 2022
Applicant :- Bhay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. Hence, the present anticipatory bail application is allowed.
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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;
(iii) that the applicant shall not leave India without previous permission of the court;
(iv) that the applicant shall not tamper with the evidence during the trial;
(v) that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted.
10. 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.
11. It is made clear that observations made in granting anticipatory bail to the applicant 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 :- 18.1.2023 Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail application of the applicant be allowed in the given facts and circumstances.
Whether the allegations against the applicant are baseless and his name was compromised due to local politics.
What conditions need to be imposed to grant anticipatory bail to the applicant.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraFollowed¶7
Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 · Who else cites this
Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No.8655 of 2022Referred¶10
Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No.8650 of 2022Referred¶10
9 provisions across 3 enactments
Bhay Singh
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
