This bail application was allowed. The High Court found prima facie that the applicant was not named in the FIR, recovered articles had no independent witness corroboration, and the co-accused had already been granted bail.
Application allowed; applicant released on bail furnishing personal bond and two heavy sureties subject to standard conditions.
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:189418
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37626 of 2023
Applicant :- Ram Nath Shah Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Srivastava,Pawan Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
and after 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 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 :- 3.10.2023 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be enlarged for the applicant who was not named in the FIR and has been jailed for nearly six months.
Whether the applicant can be released on bail pending trial despite lack of independent witnesses to the recovered articles.
1 provisions across 1 enactments
Ram Nath Shah
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
