The Allahabad High Court granted anticipatory bail to the applicant on the ground of parity with a co-accush who received bail. The order was issued without expressing an opinion on the merits of the underlying criminal case.
Release of the applicant on personal bond with two sureties upon specific conditions until the conclusion of trial.
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. - 2024:AHC:170209
Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10089 of 2024
Applicant :- Pramod Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar,Mohammad Alam Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
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, the 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;
Order Date :- 24.10.2024 Shalini
(Justice Krishan Pahal)
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail on grounds of parity with a co-accused who has already been granted relief.
Whether the court can grant anticipatory bail without expressing an opinion on the merits of the case based on jurisdictional precedents.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Pramod Dubey
State of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
