Anticipatory bail application in a Section 304 IPC case where bail had earlier been granted on other sections before charge sheet added Section 304. Court noted no criminal antecedents and no flight risk and granted anticipatory bail till conclusion of trial.
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Neutral Citation No. - 2024:AHC:164537
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9506 of 2024
Applicant :- Lokesh Kumar Alias Leelu Tomar Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Tripathi,Surya Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
that there being no criminal antecedents of applicant and there being no possibility of fleeing from justice and in view of law laid down by Hon'ble Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 , without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.
6. The anticipatory bail application is allowed.
(i) the applicant shall appear before the learned trial court on each date when the case is fixed unless exempted.
(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/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.
Order Date :- 16.10.2024 PS
Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, charged under Section 304 IPC after addition during investigation, is entitled to anticipatory bail during the pendency of trial.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Relied on¶5
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 · Who else cites this
4 provisions across 3 enactments
Lokesh Kumar Alias Leelu Tomar
State of U.P.
Another
Mayank Kumar Jain
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
