In a criminal bail application, the High Court released the applicant on bail after noting he had been confined for over three months, co-accused had been granted bail, and the State failed to show fear of tampering or trial delay.
Released on personal bond and two sureties subject to conditions of appearance, no tampering, and no witness pressure.
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Neutral Citation No. - 2023:AHC:224930
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47037 of 2023
Applicant :- Niranjan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satwik Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused persons have been granted bail and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper 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 :- 29.11.2023 S.Verma
Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail under Section 439 Cr.P.C. given the delay in trial and parity with co-accused.
1 provisions across 1 enactments
Niranjan Kumar
Sandeep Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
