In a bail application under Section 439 Cr.P.C., the High Court granted bail to the applicant, a property dispute accused, finding no substantive evidence against him after three months of incarceration and noting no reasonable apprehension of witness tampering.
Released on bail on furnishing a personal bond and two sureties of 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:228812
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47062 of 2023
Applicant :- Prabhu Nath Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Girish Vishwakarma,Akhilesh Singh Counsel for Opposite Party :- G.A.,Rajan Mishra
Hon'ble Vivek Varma,J.
deed. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. At this stage, there is no substantive evidence against the applicant. The applicant has remained confined for more than three months and after submission of the chargesheet 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. 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; and,
Order Date :- 2.12.2023 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail given the lack of substantive evidence and length of confinement.
Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
Whether bail can be granted on a personal bond with two monetary sureties.
1 provisions across 1 enactments
Prabhu Nath Maurya
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
