Allowed

Kari @ Dhananjay v. State of Up

Allahabad HC9 Jul 2024ABAIL/3440/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under S. 438 Cr.P.C. allowed for an applicant accused of offences under IPC Sections 147, 323, 324, 308, 504, 506. Bail granted without expressing opinion on merits, relying on parity with co-accused.

What did the court decide?

Anticipatory bail allowed in the event of arrest; applicant to furnish personal bond with two sureties and abide by conditions regarding tampering, appearance, and not leaving India.

Kari @ Dhananjay vs State of Up — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111767

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3440 of 2024

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Applicant :- Kari @ Dhananjay Opposite Party :- State of U.P. Counsel for Applicant :- Achyuta Nand Pandey,Anand Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Santosh Kumar Nigam, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off.

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Heard Sri A.N. Pandey, learned counsel for the applicant and Sri Santosh Kumar Nigam, learned AGA for the State.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 408 of 2023, under Sections 147, 323, 324, 308, 504, 506 IPC, Police Station Khair, District Aligarh with a prayer to enlarge him on anticipatory bail during trial.

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Learned counsel for the applicant submits that on the basis of false allegation along with others applicant has been made accused in the present matter and after considering the entire facts of the case, anticipatory bail application of four co-accused persons has been allowed by this Court vide order dated 29.02.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 948 of 2024 and case of applicant is at par with them.

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He further submits that even without arrest of the applicant charge-sheet has been filed in the present matter and applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail.

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Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that during investigation applicant was not arrested and as many as four accused persons with similar allegation have been enlarged on anticipatory bail by this Court, in my view, applicant is entitled to be released on anticipatory bail till conclusion of trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant- Kari @ Dhananjay involved in the aforesaid case crime number, shall be released on 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:-

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i. 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;

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ii. that the applicant shall not leave India without previous permission of the court;

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iii. that the applicant shall not tamper with the evidence during the trial;

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iv. that the applicant shall not pressurize/ intimidate the prosecution witness;

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v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 9.7.2024 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Kari @ Dhananjay v. State of Up

Case brief

What is this about?

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Kari @ Dhananjay v. State of Up

Case brief

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What did the court decide?

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