Allowed

Manish Kumar Pandey v. State of U.P.

Allahabad HC13 Jul 2023ABAIL/5713/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant under Section 438 Cr.P.C. due to parity with co-accused who were already released, subject to standard conditions including appearing in court and not tampering with evidence.

What did the court decide?

Anticipatory bail granted subject to personal bond and two sureties with conditions regarding witness interference and court attendance.

Manish Kumar Pandey Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:139281

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5713 of 2023

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Applicant :- Manish Kumar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Kumar,Mantosh Singh 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 Rishabh Kumar, learned counsel for the applicant and Sri S.P. Pandey, 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.117 of 2021, registered under Sections 147, 149, 323, 325, 308, 504, 506 I.P.C. at Police Station- Bansdih Road, District Ballia with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that coaccused persons, Markandey Singh, Rajeev Singh, Sanjay Singh, Rajesh Singh, Ramesh Singh and Yogendra Singh @ Yogesh Singh, have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 9.5.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.3572 of 2023. The criminal history of one case assigned to the applicant has been explained in paragraph 2 of the supplementary affidavit. 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.

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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

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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- Manish Kumar Pandey 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 :- 13.7.2023 Vikas

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

Manish Kumar Pandey v. State of U.P.

Case brief

What is this about?

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Manish Kumar Pandey v. State of U.P.

Case brief

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