Allowed

Sachin Singh Yadav v. State of U.P. and Another

Allahabad HC1 Dec 2023ABAIL/13250/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed an anticipatory bail application filed by Sachin Singh Yadav. The Court granted bail based on the principle that a co-accused had previously been granted anticipatory bail, ensuring parity before the competent court.

What did the court decide?

Accused released on anticipatory bail till police report submission, furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount.

Sachin Singh Yadav Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:227324

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13250 of 2023

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Applicant :- Sachin Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tripathi,Anil Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant, Sri Arun Kumar Mishra, learned Additional Government Advocate for the State and perused the records.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.155 of 2023, under Sections 34, 147, 148, 307, 504, 506 IPC, Sections 3(2)(V), 3(1)द, 3(1)ध of SC/ST Act, 7 C.L.A. Act and Section 4/25 Arms Act at Police Station- Obra, District Sonbhadra with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that the coaccused person Laddu Paswan @ Krishna Paswan has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 22.11.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.12727 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. There are no criminal antecedents of the applicant. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out

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a case for grant of anticipatory bail on the ground of parity.

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Accordingly, the anticipatory bail application is allowed with following directions:-

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(A) In the event of arrest of the applicant- Sachin Singh Yadav involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) The applicant 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;

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(C) 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 her from disclosing such facts to the Court or to any police officer; and

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(D) The applicant shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 1.12.2023 Ravi Kant

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(Krishan Pahal, J.)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Sachin Singh Yadav v. State of U.P. and Another

Case brief

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Sachin Singh Yadav v. State of U.P. and Another

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