Allowed

Pasar Guddu Pathak Alias Gopal Swaroop Pathak v. State of U.P. and Another

Allahabad HC5 Mar 2025ABAIL/1602/2025

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application under Section 438 Cr.P.C. relying on parity with co-accused and cited Sushila Aggarwal. The applicant was granted bail subject to conditions including bond with sureties, surrender of passport, and presence at trial stages.

What did the court decide?

The applicant is released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties subject to specified conditions.

Pasar Guddu Pathak Alias Gopal Swaroop Pathak Vs State of… — Cheque Dishonour | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:32384

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1602 of 2025

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Applicant :- Pasar Guddu Pathak Alias Gopal Swaroop Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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1.Heard Sri Saurabh Pandey, learned counsel for the applicant; learned A.G.A. for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0075 of 2024, under Sections 379, 411, 420, 468, 120-B I.P.C., P.S. Chopan, District Sonbhadra, during pendency of trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no evidence to implicate the applicant in the present case. I.O. has submitted charge sheet against the applicant. Applicant has co-operated in the investigation proceedings. Co-accused, namely, Sanjay Kumar Singh, Shambhoo Prasad, Manoj Kumar Singh and Ashish Kumar Mishra have been granted anticipatory bail till conclusion of trial, by this Court vide orders dated 29.05.2024, 08.08.2024 and 10.02.2025, respectively and the applicant is also entitled to be enlarged on anticipatory bail on the ground of parity. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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Learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant regarding claim of parity with co-accused.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98" , the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case

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either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.

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Let the applicant Pasar Guddu Pathak @ Gopal Swaroop Pathak, who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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iii. 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;

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iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.

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vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 6.3.2025 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Pasar Guddu Pathak Alias Gopal Swaroop Pathak v. State of U.P. and Another

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Pasar Guddu Pathak Alias Gopal Swaroop Pathak v. State of U.P. and Another

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