The Court allowed an anticipatory bail application under Section 438 Cr.P.C. relied on the applicant's parity with co-accused already granted bail without expressing an opinion on the merits of the underlying charges of cheating and forgery.
Granted anticipatory bail on ground of parity until conclusion of trial upon personal bond with sureties.
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Neutral Citation No. - 2024:AHC:113105
Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6830 of 2024
Applicant :- Shivam Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Naseem Ahmad,Syeda Alia Khatoon 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 :- 16.7.2024 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 on the ground of parity with co-accused who have already been granted bail.
Colour shows how this judgement treated each authority
Nanha S/o Nabhan Kha vs. State of U.P.Referred¶10
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¶10
Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825 · Who else cites this
1 provisions across 1 enactments
Shivam Mishra
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
