Single judge allowed bail to applicant accused of dowry death related offences under 498A IPC, noting hostilty of prosecution witnesses and relying on Atulbhai Vithalbhai Bhanderi to avoid merits assessment.
Release on bail via bond and two sureties, with conditions prohibiting tampering, intimidation, and default in appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:40132
Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 279 of 2023
Applicant :- Mukaddar Ali Opposite Party :- State Of U.P.. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
unable to dispute the fact that PW-1, 2, 3, 4 and 5 have been declared hostile before trial court.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial
and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 2.6.2023 Ashish
Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is fit for bail consideration given the hostility of prosecution witnesses.
Whether detailed examination of trial evidence is required at the bail stage.
Colour shows how this judgement treated each authority
Atulbhai Vithalbhai Bhanderi Vs. State of GujaratReferred¶7
Atulbhai Vithalbhai Bhanderi Vs. State of Gujarat ( Special Leave to Appeal (Crl) No. 10051 of 2022
3 provisions across 2 enactments
Mukaddar Ali
State Of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
