The High Court granted bail to the applicant, Shamshad, under Section 439 Cr.P.C. The court found his role vague, noted co-accused received bail, and found no reasonable apprehension of tampering or intimidation.
Applicant released on bail with personal bond and two sureties on conditions not to tamper with evidence, pressurize witnesses, and appear in court.
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Neutral Citation No. - 2023:AHC:217439
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44143 of 2023
Applicant :- Shamshad Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Amit Daga Counsel for Opposite Party :- G.A.,Om Prakash Yadav,Sunil Kumar Yadav
Hon'ble Vivek Varma,J.
has remained confined for more than two 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 :- 16.11.2023 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given his vague role and identical placement of co-accused who were granted bail.
2 provisions across 2 enactments
Shamshad
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
