Criminal Misc. Bail Application where the High Court allowed bail to the applicant under Section 439 Cr.P.C. for offenses under IPC and Arms Act, noting absence of independent witness to recovery and lack of substantive evidence.
Released on bail with personal bond and two sureties on conditions not to tamper with evidence or pressurize witnesses.
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Neutral Citation No. - 2023:AHC:220214
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49406 of 2023
Applicant :- Ashwani Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Adya Prasad Tewari,Km. Khushi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
evidence or delay the trial or intimidate the witness, without commenting on 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; and,
iii. the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 21.11.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. given lack of independent witness to recovery and no credible evidence against him.
3 provisions across 3 enactments
Ashwani Kumar Sharma
Vivek Varma
Sachin Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
