The court considered a bail application filed under Section 439 Cr.P.C. for an applicant charged under POCSO and IPC. Relying on the prosecution witness turning hostile and the applicant having no criminal antecedent, the court granted bail.
The applicant was released on bail on furnishing a personal bond and two sureties of the like amount.
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:177292
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21980 of 2023
Applicant :- Brahamanand Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arun Kumar Sharma,Avinash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
been declared hostile by the trial court on 19.1.2023. Further, the applicant does not have any criminal antecedent. The applicant has remained confined for more than one year and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
i. the applicant shall not temper with the prosecution evidence;
ii. the applicant shall not pressurize the prosecution witness;
iii. the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 13.9.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. given the hostility of the prosecution witness and lack of criminal antecedents?
Whether there is any reasonable apprehension that the applicant would tamper with evidence or intimidate witnesses if released on bail?
Whether the delay in concluding the trial justifies enlarging the applicant on bail?
1 provisions across 1 enactments
Brahamanand
Vivek Varma
Siddhartha Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
