Allowed

Vinod Nat v. State of U.P.

Allahabad HC28 Oct 2023BAIL/43052/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a bail application under Sections 328, 379, 307, and 411 IPC. The court noted the trial had not concluded and there was no reasonable apprehension of tampering with evidence, though the applicant had been detained for over four months.

What did the court decide?

Release on personal bond and two heavy sureties with conditions to appear regularly, not leave the district, and appear at police station monthly.

Vinod Nat Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:205559

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43052 of 2023

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Applicant :- Vinod Nat Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by counsel for the applicant is taken on record.

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Heard counsel for the applicant and learned A.G.A. for the state.

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The present bail application has been filed by the applicant to enlarge him on bail in Sessions Trial No. 151 of 2012, Case Crime No. 821 of 2011, under Sections 328, 379, 307 and 411 of I.P.C., Police Station G.R.P. Mugalsarai, District Chandauli, during the pendency of trial.

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Counsel for the applicant submits that earlier the applicant was granted bail by this Court on 09.05.2012. Though, the applicant participated in the trial for considerable period, the trial could not conclude and at the same time due to unavoidable reasons the applicant could not appear before the court concerned on certain dates. Consequently, non-bailable warrant was issued on 01.06.2019. The applicant was apprehended again on 17.06.2023 and since then he is in jail. Learned counsel for the applicant on the basis of instructions submits that if the applicant is enlarged on bail, he shall appear regularly before the trial court and shall not leave the station without permission of the court concerned.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant had earlier appeared and contested the proceedings, however, the trial could not conclude and further the applicant has presently remained confined for almost more than four months and 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 intimidate the witness, without commenting on the

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merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Vinod Nat involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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(iv) shall not leave district without the leave of the trial court.

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(v) shall appear on the first Sunday of every month at the Police Station concerned.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 28.10.2023 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Vinod Nat v. State of U.P.

Case brief

What is this about?

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Vinod Nat v. State of U.P.

Case brief

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