Allowed

Alok Kumar v. State of U.P.

Allahabad HC21 Apr 2023ABAIL/4462/2023

Case brief

AI extract

What is this about?

This Cr.P.C. criminal miscellaneous anticipatory bail application concerned an applicant arrested under various IPC provisions. The High Court allowed the application based on parity with a co-accused who had already been granted bail. The applicant was released on a personal bond and two sureties subject to standard conditions. The order is date-stamped and digitally signed.

What did the court decide?

The applicant was released on anticipatory bail till the conclusion of trial upon furnishing a personal bond and two sureties subject to specified conditions.

Alok Kumar Vs State of U.P. — Cheating and Forgery | 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. - 4462 of 2023

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Applicant :- Alok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Mishra 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 Raj Kumar Mishra, learned counsel for the applicant and Sri R.M. Yadav, 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 Case Crime No.78 of 2005 registered under Sections 420, 467, 468 and 417 IPC at Police StationKotwali, District Etawah with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that coaccused person Santosh Kumar @ Vivek has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 04.12.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.3982 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 trial 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 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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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the fact that the co-accused person has already been enlarged on anticipatory bail, the applicant is liable to be enlarged on anticipatory bail on the ground of parity.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Alok Kumar

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be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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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 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;

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(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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(Krishan Pahal, J.)

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Order Date :- 21.4.2023 Ravi Kant

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

Alok Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Alok Kumar v. State of U.P.

Case brief

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What did the court decide?

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