The High Court granted bail to the applicant, Vijay, in a case involving sections 392 and 411 IPC. The Court noted the applicant was not in the FIR, recovery was uncorroborated, and a co-accused was already on bail, finding no need for fear of tampering or intimidation.
The applicant was enlarged on bail on furnishing a personal bond and two heavy 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:196241
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43354 of 2023
Applicant :- Vijay Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
has remained confined for more than seven months 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
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 :- 11.10.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant, who was not named in the FIR and was falsely implicated with no independent witness to recovery, is eligible for bail.
Whether the applicant has reasonable apprehension of tampering with evidence or intimidating witnesses while on bail.
Whether the conducive nature of bail granted to a co-accused supports his release in similar circumstances.
1 provisions across 1 enactments
Vijay
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
