The Allahabad High Court granted anticipatory bail to three applicants charged under IPC and the Criminal Law Amendment Act, citing parity with a co-accused who already received bail in a similar case, without deciding the merits.
Anticipatory bail granted till conclusion of trial on personal bond 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:233044
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12495 of 2023
Applicant :- Sonu @ Sunil Yadav And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
i. that the applicants shall make themselves available for interrogation by a police officer as and when required;
ii. that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
iii. that the applicants shall not leave India without the previous permission of the court;
iv. that in case, the charge-sheet is submitted, the applicants shall not tamper with the evidence during the trial;
v. that the applicants shall not pressurize/ intimidate the prosecution witness; vi. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(Justice Krishan Pahal)
Order Date :- 8.12.2023 Siddhant
Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants are entitled to anticipatory bail on the ground of parity with a co-accused already granted similar bail.
Whether anticipatory bail can be granted without expressing an opinion on the ultimate merits of the case.
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Referred¶11
Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938
Paras Ram Vishnoi vs. The Director, Central Bureau of InvestigationReferred¶11
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021
3 provisions across 3 enactments
Sonu @ Sunil Yadav
Chilu @ Anil Kumar Yadav
Sethhi @ Mukesh Kumar Yadav
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
