Completed anticipatory bail application on ground of parity with co-accused; granted bail subject to standard conditions including appearance and non-interference.
Anticipatory bail granted till conclusion of trial on condn. of personal bond with sureties; no authority to tamper with evidence or intimidate witnesses.
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Neutral Citation No. - 2023:AHC:184888
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9331 of 2023
Applicant :- Sambhu Jaiswal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amrita Kashyap,Yadvendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.
i. that the applicants shall make themselves available for interrogation by a police officer as and when required;
ii. that the applicants 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;
iii. that the applicants shall not leave India without the previous permission of the court;
iv. that in case, the charge-sheet is submitted, the applicants shall not tamper with the evidence during the trial;
v. that the applicants shall not pressurize/ intimidate the prosecution witness; vi. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(Justice Krishan Pahal)
Order Date :- 25.9.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicants on the ground of parity with co-accused who were already granted relief.
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Referred¶10
_Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938_
Paras Ram Vishnoi vs. The Director, Central Bureau of InvestigationReferred¶10
_Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021_
2 provisions across 2 enactments
Sambhu Jaiswal
Another (unnamed)
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
