Nitya Nand Pandey v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11324 of 2023 Applicant :- Nitya Nand Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Amrish Tiwari, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State as well as perused the record.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.20A of 2006, registered under Sections 409, 420, 467, 468, 471, 477A, 120-B, 34 I.P.C. at Police Station-Haldi, District-Ballia with a prayer to enlarge him on anticipatory bail.

¶4Learned counsel for the applicant has submitted that the co-accused person, Janardan Chaudhari, has already been granted anticipatory bail by this Court vide order dated 15.9.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9754 of 2023. The applicant has no criminal history to his credit. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel has stated that the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

¶5The prayer for anticipatory bail has been vehemently opposed by the learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

¶6Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application is allowed on the ground of parity.

¶7Accordingly, the anticipatory bail application is allowed with following directions:-

(A) In the event of arrest of the applicant-Nitya Nand Pandey involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;

(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

(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 her from disclosing such facts to the Court or to any police officer; and

(D) The applicant shall not leave India without the previous permission of the Court.

¶8In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 27.10.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad