Applicant sought anticipatory bail in a session trial under Section 397 IPC. Counsel argued parity with a co-accused already granted anticipatory bail. The court relied on precedent and granted anticipatory bail till conclusion of trial on bond and sureties with standard conditions.
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Neutral Citation No. - 2024:AHC:153049
Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5530 of 2024
Applicant :- Ganga Charan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Sengar,Pramod Kumar 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 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 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;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
Order Date :- 19.9.2024 Vikas
(Justice Krishan Pahal)
Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant in a session trial under Section 397 IPC is entitled to anticipatory bail on parity with an already-granted co-accused?
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Relied on¶5
1993 Crl.L.J. 938
Paras Ram Vishnoi vs. The Director, Central Bureau of InvestigationRelied on¶5
MANU/SCOR/22410/2021
Satender Kumar Antil vs. Central Bureau of Investigation and anotherRelied on¶5
2022 SCC OnLine SC 825 · Who else cites this
2 provisions across 2 enactments
Ganga Charan
State of U.P.
Another
Krishan Pahal
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
