Allowed

Pradeep Kumar Gupta v. State of U.P.

Allahabad HC3 May 2023ABAIL/814/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by a co-accused in a murder case. Based on the principle of parity, as his co-accused was already granted bail, the applicant was enlarged on bail with conditions and provision to cancel bail in case of breach.

What did the court decide?

Anticipatory bail granted with a personal bond and two sureties on standard conditions.

Pradeep Kumar Gupta Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 814 of 2023

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Applicant :- Pradeep Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Sagar Counsel for Opposite Party :- G.A.,Deepak Kumar Dubey,Yadavendra Dwivedi

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri N.I. Jafri, learned Senior Advocate Assisted by Sri Vidya Sagar, learned counsel for the applicant, Sri Yadavendra Dwivedi, learned counsel for the informant and Sri Ram Mohit Yadav, 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.520 of 2022, registered under Sections 306, 34 I.P.C. at Police Station Tajganj, District Agra with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that coaccused person, Smt. Shweta Gupta, has already been granted anticipatory bail by this Court vide order dated 24.3.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.5493 of 2023. 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 enlarged on anticipatory bail on the ground of parity.

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In view of the above, the anticipatory bail application of the

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applicant is allowed. Let the accused-applicant- Pradeep Kumar Gupta 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 :- 3.5.2023 Vikas

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

Pradeep Kumar Gupta v. State of U.P.

Case brief

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Pradeep Kumar Gupta v. State of U.P.

Case brief

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