The Allahabad High Court granted bail to the applicant charged under Section 10 of the POCSO Act, ruling that no reasonable apprehension of evidence tampering was established and noting prior bail orders.
Applicant Idrish released on bail with a personal bond and two 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:232650
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46188 of 2023
Applicant :- Idrish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Kumar Tripathi,Balendra Deo Misra Counsel for Opposite Party :- G.A.,Manisha Chaturvedi
Hon'ble Vivek Varma,J.
vide order dated 01.11.2023 passed in Criminal Misc. Bail Application No. 46169 of 2023. For the reasons stated in the said order and since, the applicant has remained confined for more than four 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 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;
(iii) shall not pressurize the prosecution witnesses.
Order Date :- 8.12.2023 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 after the addition of Section 10 POCSO Act charge given earlier bail granting order.
Whether the State has satisfactorily shown apprehension of tampering or intimidation to deny bail.
2 provisions across 2 enactments
Idrish
State Of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
