This court allowed an anticipatory bail application filed under Section 438 Cr.P.C. on the ground of parity with a co-accused who has already been granted anticipatory bail in a related case regarding offences under the Indian Penal Code.
Granted anticipatory bail on the ground of parity with co-accused on furnishing a personal bond with two sureties.
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Neutral Citation No. - 2024:AHC:120562
Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6583 of 2024
Applicant :- Radheshyam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
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 :- 29.7.2024 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 the ground of parity with a co-accused who has already been granted bail.
Whether a personal bond and conditions are sufficient to grant anticipatory bail.
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Referred¶11
Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938
Paras Ram Vishnoi vs. The Director, Central Bureau of InvestigationReferred¶11
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶11
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825 · Who else cites this
2 provisions across 2 enactments
Radheshyam
State of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
