The court granted bail to the applicant in a trial concerning offences under the IPC. The court noted the lack of independent witnesses to recovery and absence of substantive evidence, finding no reasonable apprehension of tampering or intimidation.
Applicant released on bail on personal bond and two sureties of like amount.
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Neutral Citation No. - 2023:AHC:205479
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42943 of 2023
Applicant :- Karan Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
3.Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of a motorcycle, a country made pistol and two live cartridges has been shown from the applicant. There is no independent witness to the recovery. Indian currency of Rs. 1320/- has also been recovered from the applicant. The said amount belongs to him. The applicant is in jail since 11.08.2023, having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.
each of the like amount to the satisfaction of court concerned on the following conditions that:
i. the applicant shall not temper with the prosecution evidence;
ii. the applicant shall not pressurize the prosecution witness; and,
iii. the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 28.10.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a trial for offences under Sections 414, 420, 467, 468 and 471 of IPC.
1 provisions across 1 enactments
Karan
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
