The High Court allowed the bail application of Arshad in a cheating case after noting the long incarceration period. The court found no satisfactory evidence against the applicant and absence of apprehension regarding tampering or evidence destruction.
Applicant released on bail furnishing personal bond and two sureties of 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:165885
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28450 of 2023
Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
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 :- 17.8.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail upon furnishing personal bond and sureties.
Whether the applicant, after one year and one month of confinement, is in custody for excessively long without merits being called into question.
1 provisions across 1 enactments
Arshad
Vivek Varma
Siddharth Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
