Court disposed of an anticipatory bail application filed under Section 438 Cr.P.C. Sessions Court allowed the application pending trial, noting co-accused release and apprehension of arrest, without expressing opinion on merits.
Anticipatory bail granted till conclusion of trial upon personal bond with two sureties and compliance with standard conditions.
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Neutral Citation No. - 2024:AHC:126317
Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7703 of 2024
Applicant :- Shaaheed Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ayyaz Khan,Vinod Kumar Upadhyay,Vivek Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
but in one case applicant has already been acquitted and in remaining two cases applicant is on bail.
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 :- 6.8.2024 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail given the nature of allegations and apprehension of arrest.
Whether the case of the applicant is distinguishable from that of co-accused already released on anticipatory bail.
Shaaheed Khan
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
