Single-judge criminal court granted bail to the applicant in a case involving IPC offences, noting the belated FIR, vague role assigned, lack of medical evidence, and no strong case for tampering or witness intimidation.
Release on bail via personal bond and two sureties on conditions to appear in court and not tamper with evidence or pressure witnesses.
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Neutral Citation No. - 2023:AHC:206655
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43235 of 2023
Applicant :- Nikki @ Bagga Opposite Party :- State of U.P. Counsel for Applicant :- Hans Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 30.10.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to enlarge on bail given the absence of substantive evidence and belated FIR.
Whether the allegations of tampering with evidence or intimidating witnesses are substantiated by the prosecution.
1 provisions across 1 enactments
Nikki @ Bagga
State of U.P.
Vivek Varma
Sachin Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
