In a second bail application, the Allahabad High Court allowed the release of the accused on bail after the victim turned hostile in a sexual offence case and noting no criminal history.
Release on bail by execution of personal bond and two sureties in like amount.
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:7536
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 779 of 2024
Applicant :- Mohammad Daood Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Ramendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
has no previous criminal history and he is languishing in jail since 01.09.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
(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 :- 25.1.2024 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant, who has suffered delay in trial and whose victim turned hostile, is entitled to bail under Section 439 CrPC.
Mohammad Daood
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
