The court granted bail to the applicant in a murder and kidnapping case, despite criminal antecedents, noting the delayed framing of charges and lack of examination of prosecution witnesses.
Release on bail with personal bond and two heavy sureties under specific conditions including appearance and non-interference.
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.
Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2090 of 2020
Applicant :- Surendra @ Kali Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Chandra Tiwari,Ambreen Masroor,Kiran Tiwari,Ram Pravesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Learned Senior Counsel has relied on the judgement of this Court passed in Pawan Kumar Pandey vs. State of U.P. 2007 (1) JIC 680 (Allahabad) in which the delinquent had a criminal history of 56 cases assigned to him. It is next stated that even otherwise, the case of the applicant is made out, he cannot be kept languishing in jail on account of the criminal antecedents. In case, the applicant is released on bail, he will not misuse the liberty of bail.
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 will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. 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.
Order Date :- 14.2.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant in second application given criminal antecedents and severity of punishment.
Whether the applicant has made out a case for bail pending trial.
Whether the applicant's criminal antecedents justify refusal of bail.
Colour shows how this judgement treated each authority
Saudan Singh vs. State of Uttar PradeshRelied on¶9
Saudan Singh vs. State of Uttar Pradesh 2021 SCC OnLine SC 3259 · Who else cites this
Pawan Kumar Pandey vs. State of U.P.Relied on¶10
Pawan Kumar Pandey vs. State of U.P. 2007 (1) JIC 680 (Allahabad)
1 provisions across 1 enactments
Surendra @ Kali
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
