Anticipatory bail sought in a motorcycle theft case where the applicant was implicated solely through a co-accused's confession to police. The court held such a confession inadmissible under Section 25 Evidence Act and Section 162 CrPC and no other material showed complicity. Anticipatory bail granted with conditions on furnishing bonds.
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Neutral Citation No. - 2024:AHC:151612
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8108 of 2024 Applicant :- Santosh Kumar @ Sonu Bhartiya Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
applicant for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicant is granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.
(i) The applicant shall make himself available for interrogation by a police office as and when required.
(ii) 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/her from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court concerned.
(iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing.
(v) The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.
(vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
(vii) The applicant shall maintain law and order.
(viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned.
(ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.
(x) Non presence of the applicant or his counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.
Order Date :- 18.9.2024
D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be granted anticipatory bail under Section 438 CrPC where the only evidence against him is a co-accused's confession to police.
Whether the confession made to a police officer is admissible against the applicant.
4 provisions across 3 enactments
Santosh Kumar @ Sonu Bhartiya
State of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
