Allowed

Akshay and Another v. State of U.P.

Allahabad HC12 Sept 2023ABAIL/9853/2023

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application filed by Akshay and Arun @ Kallu, granting it based on parity with a co-accused who had already been granted bail in a related case involving sections of IPC and the Criminal Law (Amendment) Act, 1932.

What did the court decide?

Anticipatory bail granted on conditions including personal bond of Rs.50,000/-, two sureties, cooperation with investigation, and restrictions on inducing witnesses or leaving the country.

Akshay and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177012

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9853 of 2023

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Applicant :- Akshay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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No one is present on behalf of the applicants to press the anticipatory bail application. Sri Pankaj Kumar, learned A.G.A. is present.

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The lawyers are abstaining from work today. This Court has itself perused the material available on record.

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The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.136 of 2023, registered under Sections 147, 148, 149, 323, 307, 504, 506 IPC and Section 7 of the Criminal Law (Amendment) Act, 1932 at Police Station- Parikshitgarh, District Meerut with a prayer to enlarge them on anticipatory bail.

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Learned A.G.A. has informed that the co-accused person Pawan Kumar has already been granted anticipatory bail by Coordinate Bench of this Court vide order dated 05.06.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.6537 of 2023. Therefore, the present applicants are also entitled for anticipatory bail on the ground of parity.

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Considering the submissions made by learned A.G.A., this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.

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Accordingly, the anticipatory bail application is allowed with following directions:-

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(A) In the event of arrest of the applicants- Akshay and Arun @ Kallu involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs.50,000/-

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with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

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(B) The applicants 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;

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(C) 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 them from disclosing such facts to the Court or to any police officer; and

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(D) The applicants shall not leave India without the previous permission of the Court.

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In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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Order Date :- 12.9.2023 Ravi Kant

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(Krishan Pahal, J.)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Akshay and Another v. State of U.P.

Case brief

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Akshay and Another v. State of U.P.

Case brief

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