The High Court allowed bail to the applicant under Section 439 Cr.P.C. in a forgery and cheating case, noting he was not in the FIR, co-accused have bail, and no risk of evidence tampering or witness intimidation was established.
Released on bail by furnishing a personal bond and two sureties.
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Neutral Citation No. - 2023:AHC:178970
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31469 of 2023
Applicant :- Yogesh Kumar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
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) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 15.9.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case for forgery and cheating given he was not named in the FIR and co-accused have been granted bail.
Whether the applicant poses a risk of fleeing, tampering with evidence, or intimidating witnesses if granted bail.
1 provisions across 1 enactments
Yogesh Kumar Kushwaha
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
