In a criminal bail application, the High Court allowed release on bail. The applicant was named in the FIR based on victim information but not in her statements, and no identification parade was held. The applicant had no criminal record and had been in jail for over a month.
Released on bail by furnishing a personal bond and two sureties.
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:203952
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43206 of 2023
Applicant :- Nitin Urf Abhai Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
recorded under sections 161 and 164 Cr.P.C. did not even disclose the name of the applicant.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
Order Date :- 26.10.2023
Ankita
Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the lack of disclosure of his name in victim statements and absence of identification despite being named in the FIR.
Whether the applicant's criminal history and duration of detention affect the grant of bail.
Nitin Urf Abhai
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
