Allowed

Sunil Kumar Ahuja v. State of U.P.

Allahabad HC21 Feb 2023ABAIL/1930/2023

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application filed by Sunil Kumar Ahuja under Section 438 Cr.P.C. The grant was based on the applicant's parity with a co-accused who had already been granted bail and the absence of a criminal history.

What did the court decide?

Anticipatory bail granted till submission of police report, subject to personal bond of Rs.50,000 with two sureties and specified conditions.

Sunil Kumar Ahuja Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1930 of 2023

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Applicant :- Sunil Kumar Ahuja Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Shadab Alam, learned counsel for the applicant and Sri Vibhav Anand Singh, learned AGA for the State and also perused the material available on records.

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This is the second application moved by the applicant seeking anticipatory bail in connection with Case Crime No.129 of 2021, under Sections 420, 406 & 506 IPC, Police Station- Noida Sector39, District- Gautam Budh Nagar. His first anticipatory bail application was dismissed as withdrawn by this Court vide order dated 13.10.2022 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.9063 of 2022.

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At the very outset, learned counsel for the applicant has claimed parity with the co-accused Vaibhav Ahuja who has already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.11591 of 2021 vide order dated 11.01.2023. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail till the submission of police report, the applicant is also entitled for the same on the ground of parity. Learned counsel has further stated that the charge-sheet has not been filed in the matter and also the applicant has no criminal history.

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The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects of the parity to the co-accused and of no criminal history assigned to applicant, have not been disputed by him.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is allowed with

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following directions:-

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(A) In the event of arrest of the applicant 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 them 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 :- 21.2.2023

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Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Sunil Kumar Ahuja v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil Kumar Ahuja v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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