Allowed an anticipatory bail application filed under Section 438 Cr.P.C. for an accused charged under Sections 406, 420, 467, 468, and 471 of the IPC with a reference to Sushila Aggarwal Vs. State.
Anticipatory bail allowed till the conclusion of trial with personal bond and two sureties and specific conditions.
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Neutral Citation No. - 2023:AHC:111586
Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4395 of 2023
Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi Hon'ble Krishan Pahal,J.
i. that the applicant shall make himself 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 previous permission of the court;
iv. that 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 :- 22.5.2023\Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail given the apprehension of arrest and lack of criminal antecedents.
Whether the delay in filing the FIR and the source of the applicant's name in the co-accused's statement vitiate the prosecution case.
What conditions should be imposed on the grant of anticipatory bail to prevent tampering with evidence or witnesses.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Referred¶11
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 · Who else cites this
1 provisions across 1 enactments
Pramod Kumar
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishan Pahal
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