The High Court granted bail to the applicant in a bail application under Section 439 Cr.P.C. The court held that there was no substantive evidence linking the applicant to the offence and no reasonable apprehension of tampering with evidence.
Release on bail on personal bond and two sureties with conditions regarding attendance and security.
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:218761
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46375 of 2023
Applicant :- Mithlesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pragya Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
making of any policy decision. At this stage, there is no substantive evidence against the applicant to link her with the offence. Further, on similar allegations, this Court has granted bail to the applicant in number of matters leading case being Criminal Misc. Bail Application No. 46445 of 2023 (Mithlesh Singh Vs. State of U.P.) vide order dated 02.11.2023. The applicant is a lady and has remained confined for more than eight months and 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) the applicant shall not temper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witness;
(iii) the applicant shall appear on each and every date fixed by the trial court.
(iv) the applicant shall surrender her passport, if any, with the trial court and shall not leave the country without the permission of the trial court; and,
(v) The applicant shall inform the I.O. about the location whereof the applicant is staying on the first day of every month and shall cooperate with the trial.
Order Date :- 17.11.2023 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 considering lack of substantive evidence and similar prior bail orders.
Colour shows how this judgement treated each authority
Mithlesh Singh Vs. State of U.P.Referred¶8
Criminal Misc. Bail Application No. 46445 of 2023 (Mithlesh Singh Vs. State of U.P.)
1 provisions across 1 enactments
Mithlesh Singh
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
