High Court Granted anticipatory bail to Pankaj Tiwari under Section 438 CrPC in a case involving theft and cheating allegations, marking him owner of transport agency but not directly involved in the offence.
Anticipatory bail granted till conclusion of trial on personal bond with two sureties and conditions including appearance at trial dates.
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Neutral Citation No. - 2024:AHC:136788
Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5254 of 2024
Applicant :- Pankaj Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Pati Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
PROSECUTION STORY:
ARGUMENTS ON BEHALF OF APPLICANT:
implication of the applicant have also been touched upon at length.
ARGUMENTS ON BEHALF OF STATE/OPPOSITE PARTY:
CONCLUSION:
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 previous permission of the court;
iv. that 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 :- 27.8.2024 Shalini
(Justice Krishan Pahal)
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 CrPC given the circumstances of the FIR involving theft and cheating.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Referred¶19
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 · Who else cites this
1 provisions across 1 enactments
Pankaj Tiwari
State of U.P.
Krishan Pahal
As recorded by the court registry
2 orders share this CNR
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