The court allowed the second bail application, directing the release of the applicant on bond and sureties. This decision was based on a two-year delay in trial despite a prior mandate for expediting proceedings under Section 309 Cr.P.C.
Release on bail with personal bond and two reliable sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39379 of 2021
Applicant :- Jai Prakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
been held guilty of the offence, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The second bail application is accordingly allowed .
7.Let the applicant - Jai Prakash Yadav be released on bail in Case Crime No. 478 of 2018, under Section 307 IPC, Police Station Kotwali, District Deoria on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
8.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 14.11.2022 Mini
Digitally signed by MINI KANAUJIYA Date: 2022.11.15 13:58:51 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the delay in trial despite a prior direction to expedite proceedings.
Whether the conditions of bail should be imposed to prevent tampering with evidence.
Jai Prakash Yadav
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
