Allowed

Bheem Sain v. State of U.P. and Another

Allahabad HC3 Aug 2023ABAIL/2100/2023

Case brief

AI extract

What is this about?

The single judge granted anticipatory bail to the applicant under Section 438 Cr.P.C. solely on the ground of parity with a co-accused who had already been granted bail. The order imposed standard conditions including availability for interrogation, non-interference with evidence, and appearance at trial.

What did the court decide?

Anticipatory bail granted on the ground of parity with a co-accous, subject to personal bond with sureties and specified conditions.

Bheem Sain Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:155469

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2100 of 2023

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Applicant :- Bheem Sain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant and Ms. Ifra Islam, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No. 430 of 2013, under Sections 395, 397 IPC, Police Station Dauki, District Agra, with a prayer to enlarge him on anticipatory bail.

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At the very outset, learned counsel for the applicant has stated that the applicant has the apprehension of his arrest and has claimed parity with the co-accused Asharam, 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. 2039 of 2023 vide order dated 21.4.2023. The applicant has no criminal history. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail, the applicant is also entitled for the same on the ground of parity.

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

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On due consideration to the arguments advanced by the learned counsel for the parties, the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed on the ground of parity.

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In the event of arrest of the applicant, Bheem Sain involved in

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the aforesaid 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:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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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;

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iii. that the applicant shall not leave India without the previous permission of the court;

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iv. that in case, the charge-sheet is submitted, the applicant shall not tamper with the evidence during the trial;

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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;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the anticipatory bail of the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 3.8.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Bheem Sain v. State of U.P. and Another

Case brief

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Bheem Sain v. State of U.P. and Another

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