Allowed bail in a criminal case for assault. Highlights discrepancies where the applicant was not named in the FIR, crucial CCTV footage is absent from the case diary, and a co-accused was already released.
Release of the applicant on personal bond and two sureties to the satisfaction of the Magistrate/Court concerned.
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. - 2024:AHC-LKO:35744
Court No. - 19
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5007 of 2024
Applicant :- Rishabh Shukla Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko.
Counsel for Applicant :- Arun Kumar Tripathi,Neha Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Arun Kumar Tripathi, learned counsel for the applicant and Shri Punit Kumar Yadav, learned State Counsel.
stated that the applicant is innocent and he has falsely been implicated in this case. Criminal history of one another case has been disclosed in para 22 of the affidavit filed in support of the bail application in which no bail has been filed by the applicant.
sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -
(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 9.5.2024
Pradeep/-
Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant, who has not been named in the FIR and where key prosecution evidence (CCTV footage) is not in the case diary, is entitled to bail.
Whether the reasons cited by the State Counsel for opposing bail are sufficient to deny bail.
Rishabh Shukla
State Of U.P. Thru. Secy. Deptt. Of Home Lko.
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
