The Court allowed a bail application filed by Smt. Pooja Arora in a criminal trial pending before the sessions court, granting bail on the ground of parity with a co-accused who had already been released on similar terms.
Release of applicant on a personal bond and two heavy sureties subject to stipulated conditions.
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.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12605 of 2023
Applicant :- Smt. Pooja Arora Opposite Party :- State of U.P. Counsel for Applicant :- Tanisha Jahangir Monir Counsel for Opposite Party :- G.A.,Brijesh Kumar Mishra
Hon'ble Krishan Pahal,J.
Vishnoi vs. The Director, Central Bureau of Investigation , MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 , and 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 bail on the ground of parity. The bail application is allowed on the ground of parity.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(v) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 28.3.2023
Vikas
Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused already granted bail.
Whether the applicant's criminal history affects the bail application.
Colour shows how this judgement treated each authority
Paras Ram Vishnoi vs. The Director, Central Bureau of InvestigationReferred¶10
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation
Nanha S/o Nabhan Kha vs. State of U.P.Referred¶10
Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 · Who else cites this
Smt. Pooja Arora
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
