Anticipatory bail granted on the ground of parity with a co-accused who had already been granted bail, despite opposition by the State. Conditions imposed regarding cooperation with investigation and non-interference with evidence.
Anticipatory bail granted till conclusion of trial, subject to personal bond with two sureties and standard conditions.
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Neutral Citation No. - 2024:AHC:190638
Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10684 of 2024
Applicant :- Satyendra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC Online SC 825 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 anticipatory bail. The anticipatory bail application of the applicant is allowed on the ground of parity.
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 :- 5.12.2024 Shalini
(Justice Krishan Pahal)
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant made out a case for anticipatory bail on the ground of parity with a co-accused?
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha v. State of U.P.Relied on¶13
Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938
Paras Ram Vishnoi v. The Director, Central Bureau of InvestigationRelied on¶13
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021
Satender Kumar Antil v. Central Bureau of Investigation and anotherRelied on¶13
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825 · Who else cites this
3 provisions across 3 enactments
Satyendra Pal
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
