Allowed

Joni v. State of U.P.

Allahabad HC21 Oct 2024NABAIL/9783/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application under S. 482 BNSS, the Allahabad High Court granted release to the applicant. The court noted the release of similarly placed co-accused and accepted the apprehension of arrest as sufficient grounds for bail during trial pendency.

What did the court decide?

Anticipatory bail granted with a bond in the combined amount of two sureties and specific conditions to appear and not intimidate witnesses.

Joni Vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:168552

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Court No. - 66

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9783 of 2024 Applicant :- Joni Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Santosh Pandey, learned brief holder for the State.

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The instant anticipatory bail application has been filed seeking release of the applicant on bail in Case Crime No.343 of 2019, under Sections 147, 148, 307, 323, 325, 452, 504, 506 IPC, Police Station Meerapur, District Muzaffarnagar, during pendency of the trial.

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Learned counsel for the applicant submits that initially, FIR of the present case was lodged against applicant and several other through an application under Section 156(3) Cr.P.C. and after investigation, Final Report was submitted but against the Final Report when informant filed Protest Petition then his Protest Petition was treated by the court concerned as criminal complaint and thereafter applicant and other accused were summoned by the court concerned in complaint case and after considering the entire facts of the case, co-accused Munna and Guddu have been released on anticipatory bail by this Court and their bail orders have been annexed as Annexure No.5 to the affidavit and on merit case of applicant is at par with them.

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He further submits that applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. He next submits that applicant is not having any previous criminal history.

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Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the argument advanced by learned counsel for the applicant and the fact that two similarly placed co-accused have already been released on anticipatory bail and apprehension of arrest raised by the applicant cannot be ruled out, in my view, applicant is entitled to be released on anticipatory bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant - Joni involved in the aforesaid case crime number, he shall be released on bail till the conclusion of the trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(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.

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

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(iv) that the applicant shall not temper with the evidence during the trial;

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

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

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 22.10.2024

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S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Joni v. State of U.P.

Case brief

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Joni v. State of U.P.

Case brief

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