CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C v. State Of U.P. Thru. Prin. Secy. Home Lko & Anr.
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 147, 323, 376, 452, 504, 506, 511
Judgment
Heard learned counsel for the applicant; learned AGA for the State and perused the records.
The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in in Case Crime No.0119 of 2020, under Sections 147, 452, 323, 504, 506, 376/511 of the Indian Penal Code, 1860, Police Station - Aaspur Devsara, District - Pratapgarh.
Learned counsel for the applicant submits that the co-accused, namely, Krishna Murti Pandey Lodh has already been enlarged on anticipatory bail by this Court vide order dated 28.05.2025 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 597 of
2025. Therefore, applicant is also entitled to be released on bail.
Learned AGA opposes the bail application.
Considering and adopting the reasoning as contained in the order dated
28.05.2025, ground of parity, I am of the view that the applicant is entitled to be enlarged on anticipatory bail. The present application for anticipatory bail is accordingly allowed.
In the event of arrest, let the applicant - Sudheer Kumar Pandey @ Sudheer be released on anticipatory bail in aforesaid FIR number on his 2 ABAIL No. 1216 of 2025 furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of trial Court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. (d) The applicant shall not leave India without the previous permission of the Court. November 4, 2025 Mohit Singh/- (Pankaj Bhatia,J.) MOHIT SINGH MOHIT SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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