The High Court allowed the criminal bail application filed by Ankush during the pending trial of a chargeable offense involving homicide. granting bail on the ground of parity with similarly situated co-accused who had earlier been released.
Release on personal bond and two sureties subject to conditions regarding tampering with evidence and appearance in court.
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Neutral Citation No. - 2023:AHC:212095
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44621 of 2023
Applicant :- Ankush Opposite Party :- State of U.P. Counsel for Applicant :- Inder Pal Singh Tomar,Anjali Singh Tomer Counsel for Opposite Party :- G.A.,Gajendra Kumar Gautam,R.V. Pandey
Hon'ble Krishan Pahal,J.
on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 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 bail. The bail application is allowed on the ground of parity.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(Justice Krishan Pahal)
Order Date :- 6.11.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused who have already been granted bail.
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Referred¶12
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¶12
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021
Ankush
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishan Pahal
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