The Allahabad High Court allowed bail to the applicant Nandu in a POCSO case. Finding no substantive evidence and a one-year delay in trial, the court released him on personal bond and sureties subject to conditions.
Applicant to be released on bail on furnishing a personal bond and two sureties on conditions to appear and not tamper with evidence.
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:218445
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44474 of 2023
Applicant :- Nandu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
more than one year and 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 delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 17.11.2023 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. given the lack of substantive evidence and delay in trial.
Whether the apprehension of tampering with evidence justifies denial of bail.
1 provisions across 1 enactments
Nandu
State Of U.P.
Other Opposite Party 3
Other Opposite Party 4
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
