Single Judge allowed anticipatory bail to the applicant accused under Sections 498-A, 307 IPC etc., considering FIR delay and unspecified injury duration, granting bail with standard conditions.
Released forthwith on anticipatory bail till conclusion of trial upon furnishing personal bond and two sureties with conditions.
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Neutral Citation No. - 2023:AHC:100560
Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11654 of 2022
Applicant :- Mukul Upadhyay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Niklank Kumar Jain,Amit Daga Counsel for Opposite Party :- G.A.,Ashutosh Mishra
Hon'ble Krishan Pahal,J.
has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
(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 the previous permission of the court;
(iv). that in case charge-sheet is submitted 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;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
[Krishan Pahal, J.]
Order Date :- 10.5.2023 Vikas
Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant was entitled to anticipatory bail in a case involving Sections 498-A, 323, 307 IPC and Dowry Prohibition Act given the delay in FIR and unverifiable injury duration.
Whether the conditions precedent for granting anticipatory bail were satisfied considering the allegations of false implication against the applicant.
What conditions should be imposed on the applicant while granting anticipatory bail to ensure the integrity of the investigation and trial.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Followed¶14
Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1 · Who else cites this
Mukul Upadhyay
State Of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
