Dhirendra Kumar v. State of U.P. and 2 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12045 of 2023 Applicant :- Dhirendra Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yogendra Singh Bohra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Heard Sri Yogendra Singh Bohra, learned counsel for the applicant, Sri R.P. Patel, learned Additional Government Advocate for the State and perused the records.

¶2The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.0180 of 2023, registered under Section 306 IPC at Police Station-Aurangabad, District Bulandshahar with a prayer to enlarge him on anticipatory bail.

¶3Learned counsel for the applicant has submitted that co-accused person, Kavita Devi, has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 27.10.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.11372 of 2023. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for cancellation of the anticipatory bail.

¶4The 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.

¶5Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of anticipatory bail on the ground of parity.

¶6Accordingly, the anticipatory bail application is allowed with following directions:-

(A) In the event of arrest of the applicant-Dhirendra Kumar 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.

¶7In 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 :- 9.11.2023 Manoj High Court of Judicature at Allahabad