This single-judge bench allowed an anticipatory bail application filed by Smt Rekha Devi against Section 306 IPC, granting it on grounds of parity with a co-accused already released on bail.
Anticipatory bail granted till the conclusion of trial on furnishing a personal bond with two sureties each.
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Neutral Citation No. - 2023:AHC:234949
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13017 of 2023
Applicant :- Smt Rekha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.,Ajit Manit Tripathi,Manoj Mishra
Hon'ble Krishan Pahal,J.
Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.
i. that the applicant shall make herself 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, the 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;
(Justice Krishan Pahal)
Order Date :- 12.12.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail on the ground of parity with a co-accused who has already been granted bail in a related case.
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Explained¶10
1993 Crl.L.J. 938
Paras Ram Vishnoi vs. The Director, Central Bureau of InvestigationExplained¶10
MANU/SCOR/22410/2021
2 provisions across 2 enactments
Smt Rekha Devi
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
