Allowed

Vishal v. State of U.P.

Allahabad HC26 Oct 2018BAIL/40716/2018

Case brief

AI extract

What is this about?

In an application for bail filed under the Criminal Procedure Code, the Hon'ble High Court of Allahabad, through a learned Single Judge, granted bail to the applicant after perusing the record and considering the submissions of the parties and the nature of allegations.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties, subject to conditions including not tampering with evidence and not intimidating witnesses.

Vishal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40716 of 2018 Applicant :- Vishal Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Shrikant Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 31.12.2017 motorcycle of complainant stolen by some unknown persons. Later on, on 7.4.2018 three accused persons namely, Deepak @ Vikki, Vishal and Sameer were arrested by the police and recovered seven motorcycles and illegal arms.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. With regard to person and property, identification parade has not been conducted. Recovered motorcycles were not connected with any crime. There is no independent witness against the applicant. He is languishing in jail since 7.4.2018 (more than six and half months) having no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no previous criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Vishal involved in Case Crime No. 383 of 2018, under Sections 379, 411 IPC, Police Station Noida, Sector-24, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant 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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 26.10.2018//A. Singh

Vishal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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