9911796707
TMI Blog2023 (12) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... l, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. Let applicant, Prateek Mittal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the conditions imposed - application allowed. - Hon'ble Sanjay Kumar Pachori, J. For the Applicant : Jai Prakash For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since 09.06.2023. In support of his submission, he relied upon the judgment of Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation Another, (2021) 10 SCC 773. It is further submitted that applicant has criminal history of one case, which has been duly explained in the affidavit filed in support of the bail application. It is next submitted that the applicant has no other previous criminal history except one case and if the applicant is released on bail, he shall not misuse the liberty of bail. Per contra, learned counsel for Union of India has supported the order passed by the Session court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g tampered with. Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed. Let applicant, Prateek Mittal be re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ail and proceed in accordance with law. The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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