The Allahabad High Court granted bail to the applicant charged with theft and cheating. The court held that the applicant made out a case for bail, citing prior Apex Court principles, without expressing an opinion on the merits of the offence before granting liberty.
Release on bail by furnishing a personal bond and two heavy sureties.
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:127716
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22300 of 2023
Applicant :- Subham Mahaur Opposite Party :- State of U.P. Counsel for Applicant :- Anjit Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Police Station Premnagar, District - Jhansi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(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 commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(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 :- 21.6.2023 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail in the charge of theft and cheating.
Whether the complicity of the co-accused and non-recovery of evidence justifies bail.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherExplained¶9
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Subham Mahaur
State of U.P.
Nalin Kumar Srivastava
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
