Allowed

Rajesh Kumar Raw v. State of U.P. and Another

Allahabad HC11 Jul 2023ABAIL/5481/2023

Case brief

AI extract

What is this about?

In this anticipatory bail application under Section 438 Cr.P.C., the High Court allowed the prayer based on parity with a co-accused already granted bail. The applicant was directed to execute a bond with sureties to appear for trial and adhere to standard conditions prohibiting interference with evidence or witnesses.

What did the court decide?

Anticipatory bail granted with personal bond and two sureties; standard conditions of appearance, non-interference imposed.

Rajesh Kumar Raw Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:136361

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5481 of 2023

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Applicant :- Rajesh Kumar Raw Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey 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 Ashutosh Kumar Pandey, learned counsel for the applicant and Sri Deepak Kumar Singh, 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.101 of 2022 registered under Sections 407, 411, 420, 467, 468 and 471 IPC at Police Station- Mugalsarai, District Chandauli with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that coaccused person Vikram Singh Yadav has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 05.12.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.10069 of 2022. 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- Rajesh Kumar Raw 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 concerned 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 :- 11.7.2023 Ravi Kant

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

Rajesh Kumar Raw v. State of U.P. and Another

Case brief

What is this about?

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Rajesh Kumar Raw v. State of U.P. and Another

Case brief

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