Citation : 2025 Latest Caselaw 7725 ALL
Judgement Date : 16 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:96896 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4364 of 2025 Applicant :- Siddarth Kapoor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Rana Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Vikrant Rana, learned counsel for the applicant, Sri Swayamanand Sisodia, learned counsel for opposite party No.2 and Ms. Divya Ojha, learned A.G.A. for the State.
2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 23 of 2022, under Section 306 and 506 IPC, P.S. Lal Kurti, District Meerut.
3. Contention of learned counsel for the applicant is that a bare perusal of the suicide note of the deceased shows that there is no specific allegation against the applicant to attract the ingredients of Section 306 IPC. It is further submitted that this Court had also granted anticipatory bail to the applicant in Anticipatory Bail Application No. 4040 of 2022 by order dated 20.7.2022 till submission of charge sheet and after being released on anticipatory bail, the applicant cooperated in the investigation. However, the police without gathering sufficient evidence, submitted charge sheet 30.1.2023 against the applicant before the court below whereupon the court below took cognizance on 9.4.2024. The applicant has no criminal history.
4. Per contra, though learned counsel for opposite party No.2 as well as learned A.G.A. opposed the aforesaid prayer, they could not dispute the aforesaid fact.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and gravity of offence, the applicant is entitled to get anticipatory bail during trial as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. In the event of arrest, the applicant Siddharth Kapoor, involved in the aforesaid crime, shall be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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;
(iii) The applicant shall not leave India without the previous permission of the Court;
(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.
(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.
8. With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 16.6.2025
Vandana
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