In a bail application regarding a two-year-old custody issue without charge framing, the High Court held the applicant entitled to release on bail as detention without trial is not punitive. Application allowed.
Released on bail by furnishing a personal bond and two sureties in respective amounts.
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:70697
Court No. - 29
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8063 of 2024
Applicant :- Jitendra Kumar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.
Counsel for Applicant :- Durga Prasad,Sonu Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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.
[Subhash Vidyarthi,J.]
Order Date :- 21.10.2024
-Amit K-
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail after languishing in jail for over two years without framing of charges.
Whether continued detention without charge-framing amounts to punishment rather than preventive custody.
Jitendra Kumar
State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.
Subhash Vidyarthi
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
