Criminal Miscellaneous Bail Application allowed. Court granted bail due to prolonged custody since 22.10.2020 and non-examination of any prosecution witness, citing violation of speedy trial rights under Article 21 IPC charges of murder and kidnapping.
Applicant to be released on bail upon execution of personal bond and furnishing of two sureties.
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Neutral Citation No. - 2024:AHC-LKO:35194
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3688 of 2023
Applicant :- Suraj Opposite Party :- State Of U.P Thru. Prin. Secy. Home Counsel for Applicant :- Anil Mishra,Brij Mohan Sahai Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 7.5.2024
VNP/-
Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted on grounds of prolonged detention and violation of fair trial principles.
Whether the delay in examination of witnesses justifies release on bail under Article 21.
Suraj
State Of U.P Thru. Prin. Secy. Home
Pankaj Bhatia
Vishvanath Prasad Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
