Applicant sought anticipatory bail in a stolen articles case under BNS 2023 where his name surfaced only through co-accused statements and no article was recovered from him. Court found no societal impact, no criminal history, no flight or tampering risk shown by the AGA, and granted anticipatory bail on conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:161901
Court No. - 73
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9707 of 2024
Applicant :- Ayyub Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar,Sanjay Kumar Rajbhar Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the 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 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/herself 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 :- 3.10.2024 K.K. Maurya
Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, implicated via co-accused statements in a case of receiving stolen articles with no recovery from him and no criminal history, should be granted anticipatory bail.
1 provisions across 1 enactments
Ayyub
State of U.P.
Vikram D. Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
