The applicant in Cr. Misc. ABC app. No. 9776 of 2023 filed under Section 438 Cr.P.C. regarding Case Crime No. 143 of 2019 was granted anticipatory bail solely on the basis of parity with co-accused persons who had already received bail.
Anticipatory bail granted on furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:175407
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9776 of 2023
Applicant :- Omveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sitaram Patel,Brij Lal Jha Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
Order Date :- 6.9.2023 Vikas
[Krishan Pahal, J.]
Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail on the ground of parity with co-accused who have already been granted bail.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Omveer
State of U.P.
Krishan Pahal
Vikas Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
