Single Judge of Allahabad High Court allowed bail in a criminalmiscellaneous matter where the applicant claimed false implication and underlying civil dispute regarding land possession.
Applicant released on bail furnishing personal bond and two reliable sureties with specific additional conditions.
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:125104
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20751 of 2023
Applicant :- Raghuveer And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tripathi,D.M.Tripathi Counsel for Opposite Party :- G.A.,Ashutosh Gupta
Hon'ble Shekhar Kumar Yadav,J.
satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) 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.
(ii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(iii) The applicant will not tamper with the prosecution witnesses.
(iv) The applicant will not indulge in any illegal activities during the period of bail.
(v) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 7.6.2023 ADY
Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case involving civil dispute given color of criminal charge.
3 provisions across 2 enactments
Raghuveer And Another
State of U.P.
Shekhar Kumar Yadav
Amar Deep Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
