In a bail application under Section 439 Cr.P.C., the High Court found prima facie that the applicant was falsely implicated as he was not named in the FIR and no amount was credited to his account. Relying on parity and lack of criminal history, the Court granted bail.
The applicant is released on bail with furnishing of 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:209807
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46219 of 2023
Applicant :- Anurag Kumar Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Identically placed co-accused co-accused Chandan Sagar alias Chandan Kumar, Pankaj Kumar Yadav have been granted bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost two and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 1.11.2023 SFH
Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. given the lack of substantive evidence and parity arguments.
Whether the prima facie findings regarding the reliability of impugned disclosure warrant anticipatory bail considerations.
10 provisions across 4 enactments
Anurag Kumar Bharti
State of U.P.
Vivek Varma
Syed Fahim Husain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
