Anticipatory bail application filed by Smt Aliya Parveen in property dispute case. Court granted bail citing Sushila Aggarwal judgment, imposing standard conditions on personal bond and travel restrictions.
Enlarged on anticipatory bail on personal bond of Rupees 50,000 with two sureties each in like amount subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:131131
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5394 of 2023
Applicant :- Smt Aliya Parveen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) 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;
(2) 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; and
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
Order Date :- 4.7.2023 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to applicant under Section 438 Cr.P.C. in pending property dispute.
Whether facts indicate a case of no injury suitable for anticipatory bail interim relief.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98Followed¶11
_Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98_ · Who else cites this
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98Followed¶19
_Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98._ · Who else cites this
Smt Aliya Parveen
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
