Allowed

Lokesh Pandit v. State of U.P. and Another

Allahabad HC22 Sept 2023ABAIL/7041/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant in a case under Section 307 IPC. The bail was ordered based on parity with a co-accued and released on bond until the police report was submitted, subject to standard conditions.

What did the court decide?

Anticipatory bail granted with directions to furnish bond, cooperate in investigation, not tamper with evidence, and not leave India without permission.

Lokesh Pandit Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184575

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7041 of 2023

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Applicant :- Lokesh Pandit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant and Sri V.P. 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. 73 of 2023, under Section 307 IPC, Police Station Reginery, District Mathura, with a prayer to enlarge him on anticipatory bail.

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At the very outset, learned counsel for the applicant has stated that the applicant has the apprehension of his arrest and has claimed parity with the co-accused Amol Pahlwan, who has already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 6057 of 2023 vide order dated 1.6.2023. The criminal history of the applicant has been explained. Since the case of the applicant is at par with the co-accused who has already been granted anticipatory bail till the submission of police report, the applicant is also entitled for the same on the ground of parity.

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The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is allowed with following directions:-

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(A) In the event of arrest of the applicant involved in aforesaid case shall be released on anticipatory bail till the submission of

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police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) 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;

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(C) 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 them from disclosing such facts to the Court or to any police officer; and

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(D) The applicant shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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(Justice Krishan Pahal)

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Order Date :- 22.9.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Lokesh Pandit v. State of U.P. and Another

Case brief

What is this about?

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Lokesh Pandit v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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