This court granted anticipatory bail to applicant Dinesh Kumar in a case involving affray and criminal intimidation due to apprehension of arrest and parity with co-accusees.
Enlarged on anticipatory bail on furnishing personal bond of Rs. 50,000/- with two sureties each.
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Neutral Citation No. - 2023:AHC:146626
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7407 of 2023
Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ramesh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 . The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
(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 them 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 their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that they 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 their bail and proceed against them in accordance with law.
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant on grounds of apprehension of arrest and parity with co-accused.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Relied on¶12
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
Sushila Aggarwal vs. State (NCT of Delhi)Relied on¶19
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Dinesh Kumar
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
