Manoj Kumar Vs State of U.P.

Neutral Citation No. - 2023:AHC:132784

Court No. - 72

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5048 of 2023

Applicant :- Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Prakash Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Heard Ms. Vishakha Dubey, Advocate holding brief of Sri Naveen Bhandari, learned counsel for the applicant and Sri Yogesh Mishra, learned A.G.A. for the State as well as perused the record.

¶8

The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.47 of 2023, registered under Sections 420, 406, 120-B, 506 IPC at Police StationDhaulana, District Hapur with a prayer to enlarge him on anticipatory bail.

¶9

Learned counsel for the applicant has submitted that coaccused person, Rajesh Prasad Srivastava, has already been granted anticipatory bail by this Court vide order dated 26.5.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.5705 of 2023. The applicant has no criminal history to his credit. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. 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.

¶10

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.

¶11

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.

¶12

In view of the above, the anticipatory bail application of the

¶13

applicant is allowed. Let the accused-applicant- Manoj Kumar 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:-

¶14

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

¶15

(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;

¶16

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

¶17

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

¶18

(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

¶19

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

¶20

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

¶21

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

¶22

[Krishan Pahal, J.]

¶23

Order Date :- 5.7.2023 Vikas

¶24

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Manoj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shivlal Vs State of U.P. and Another

Ram Bharose Sharma and 3 Others Vs State of U.P. and Another

Sudhir Sharma Vs State of U.P.

Suman Vs State of U.P.

Moin Uddin @ Bablu Vs State of U.P. and Another

Kallu Vs State of U.P. and Another