In a criminal miscellaneous bail application, the High Court allowed the petitioner's bail in a theft and kidnapping case. The Court found no evidence of antecedents or flight risk and no material to suggest the applicant would intimidate witnesses or tamper with evidence.
Appointment on bail on furnishing a personal bond and two sureties in like amount.
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:214563
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44957 of 2023
Applicant :- Aakash Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Munesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accusedapplicant (s) is such that his mere presence at large would intimidate the witness.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as
and when required.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.
Order Date :- 8.11.2023 D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving kidnapping, culpable homicide, forgery and cheating.
Whether the State has demonstrated material indicating the applicant's apprehension of tampering with evidence or intimidation of witnesses.
1 provisions across 1 enactments
Aakash Tiwari
State of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
