Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.), order dated 31.8.2024 — bail allowed to Jangali @ Om Prakash in Case Crime No. 08 of 2020 under Section 307 IPC (attempt to murder), P.S. Sadarpur, District Sitapur; grounds: single lacerated wound 3.5 X 3 cm bone deep on right arm, improvement in Section 161 Cr.P.C. statement (no robbery/theft allegation), charges not framed, custody since 26.02.2024; relied on Javed Gulam Nabi Shaikh v. State of Maharashtra, Criminal Appeal No. 2787 of 2024 (SC); no opinion expressed on merits; bail conditions invoke Sections 82 Cr.P.C., 229-A IPC and 174-A IPC.
What did the court decide?
Applicant Jangali @ Om Prakash to be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence; (iv) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present, failing which the trial court may treat it as abuse of liberty of bail; (v) presence before the trial court on each date fixed, personally or through counsel, failing which proceedings may follow under Section 229-A IPC; (vi) misuse of bail liberty may invite proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC.