Single judge allowed bail under Section 439 Cr.P.C. holding that applicant confined for three months with no hope of early trial and no state apprehension of tampering or witness intimidation.
Released on bail on personal bond and two sureties with conditions to appear, no tampering with evidence, and no pressurizing witnesses.
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:167486
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31504 of 2023
Applicant :- Ansar Ahmed Opposite Party :- State of U.P. Counsel for Applicant :- Zia Uddin Ahmad,Badri Mani Tripathi,Mohammad Sufiyan Counsel for Opposite Party :- G.A.,Mohd. Ashraf Abbasi
Hon'ble Vivek Varma,J.
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 the 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; and,
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 21.8.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail pending trial considering his confinement duration.
Whether reasonable apprehension exists of tampering with evidence or intimidating witnesses .
1 provisions across 1 enactments
Ansar Ahmed
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
