Allowed

Ashish Kumar and Another v. State of Up and Another

Allahabad HC22 Aug 2024ABAIL/7571/2024

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by applicants facing charges under Sections 147, 148, 149, 307, 504 and 506 IPC. The court relied on parity with a co-accouse who had already been granted bail and the principles established in Satender Kumar Antil, granting bail with standard conditions until the conclusion of the trial.

What did the court decide?

Anticipatory bail granted to applicants Ashish Kumar and Ritik subject to furnishing sureties and compliance with conditions under S. 438 Cr.P.C.

Ashish Kumar and Another vs State of Up and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:134671

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Court No. - 68

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7571 of 2024

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Applicant :- Ashish Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Adhar Yadav,Satendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Satendra Kumar, learned counsel for the applicants and Sri Pranshu Kumar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.06 of 2024 registered under Sections 147, 148, 149, 307, 504 and 506 IPC at Police Station- Nakur, District Saharanpur (State vs. Arjun Gurjar & Others) with a prayer to enlarge them on anticipatory bail.

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Learned counsel for the applicants has submitted that coaccused person Ankit has already been granted anticipatory bail by this Court vide order dated 18.3.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2481 of 2024. Therefore, the present applicants are also entitled for anticipatory bail on the ground of parity. There is no criminal history of the applicants. Learned counsel for the applicants undertake that they will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another , (2022) 10 SCC 51 , the Court is of the view that the applicants have made out a

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case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

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Let the accused-applicants- Ashish Kumar and Ritik be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii). that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii). that the applicants shall not leave India without the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;

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(v). that the applicants shall not pressurize/ intimidate the prosecution witness;

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(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 22.8.2024 Ravi/-

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(Justice Krishan Pahal)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Ashish Kumar and Another v. State of Up and Another

Case brief

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Ashish Kumar and Another v. State of Up and Another

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