Court granted anticipatory bail to Neeraj Soni under Section 438 Cr.P.C. in a case involving offences under IPC and Arms Act, applying the principles laid down in Sushila Aggarwal.
Anticipatory bail granted to the applicant on a personal bond of Rs.50,000 with two sureties, subject to eight specific conditions.
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Neutral Citation No. - 2023:AHC:132645
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7480 of 2023
Applicant :- Neeraj Soni Alias Neeraj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kameshwar Singh,Pradeep Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
aforesaid judgment of the Apex Court.
(i) 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.
(ii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iii) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(iv) 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.
(v) 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 .
(vi) 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 :- 5.7.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. despite allegations of false implication and prior bail history.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Applied¶10
_Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98_ · Who else cites this
1 provisions across 1 enactments
Neeraj Soni Alias Neeraj 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
