The High Court allowed the criminal appeal against the rejection of bail, holding that the trial court failed to consider relevant facts and noting that co-accused were granted bail. Bail was granted with standard conditions.
Appellant released on bail on furnishing personal bond and two reliable sureties subject to conditions.
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:26764
Court No. - 13
Case :- CRIMINAL APPEAL No. - 494 of 2024
Appellant :- Ashish Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Appellant :- Abhay Kumar Srivastva Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
and Naresh have been granted bail by a Co-ordinate Bench of this Court in Criminal Appeal No.2917 of 2023 vide order dated 22.03.2024; Criminal Appeal No.3168 of 2023 vide order dated 07.02.2024 & Criminal Appeal No.3625 of 2023 vide order dated07.02.2024, respectively, therefore, the appellant is also entitled for bail.
(i) The appellant shall cooperate with the prosecution during trial.
(ii) The appellant shall not tamper with the evidence during
trial.
(iii) The appellant shall not pressurize/intimidate the prosecution witness(es).
(iv) The appellant shall not commit an offence.
(v) The appellant 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.
(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.
(vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
Order Date :- 1.4.2024 (Manoj K.)
Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the appellant is entitled to bail in light of co-accused being granted bail and the trial court's failure to appreciate evidence?
Colour shows how this judgement treated each authority
Criminal Appeal No.2917 of 2023Referred
Criminal Appeal No.3168 of 2023Referred
Criminal Appeal No.3625 of 2023Referred
3 provisions across 2 enactments
Ashish
State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Saurabh Lavania
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
