The Court granted bail to the applicant under Section 439 Cr.P.C., noting fatal delays in FIR lodging, false recovery allegations, and lack of evidence tampering risk, authorizing release on personal and two heavy sureties.
Release of the applicant on bail conditioned upon furnishing a personal bond and two heavy sureties.
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Neutral Citation No. - 2023:AHC:182279
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32454 of 2023
Applicant :- Rahul Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kashi Nath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
not named in the first information report, there is delay in lodging the first information report and there is no independent witness to the alleged recovery. Moreover, the applicant has remained confined for almost seven and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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;
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 20.9.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail given delay in filing FIR and absence of independent witnesses for recovery.
Whether the applicant would misuse liberty, tamper with evidence, or intimidate witnesses if released on bail.
Whether the applicant's criminal history affects the bail application.
1 provisions across 1 enactments
Rahul Yadav
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
