Allowed

Vishwajeet Singh @ Bisai v. State of U.P.

Allahabad HC22 Jan 2020BAIL/3467/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 3467 of 2020, the Court granted bail to the applicant, who had been arrested anew while on bail in a different case, involving charges of culpable homicide, criminal conspiracy, and illegal possession of arms. Bail was conditioned on a bond and two sureties.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond of Rs. 50,000 and two sureties each in the like amount, subject to four specific conditions regarding conduct and attendance.

Vishwajeet Singh @ Bisai Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3467 of 2020

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Applicant :- Vishwajeet Singh @ Bisai Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Santosh Kumar Tiwari,learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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Applicant-Vishwajeet Singh @ Bisai seeks bail in Session Trial No.67 of 2013 arising out of Case Crime No.380 of 2012, under Sections 302/34, 120-B I.P.C., Section 7 Criminal Law Amendment Act and Section 3/25 of Arms Act, Police Station Shahpur, District Gorakhpur.

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It is contended on behalf of the applicant that applicant was granted bail initially in present case on 03.07.2013 by this Court on merits. He was attending trial court regularly, however, in respect of F.I.R. lodged in the year 2012, he was arrested by the police and was sent to jail.Therefore, he could not appear before the trial court on 7.4.2018 and non-bailable warrant was issued against him. The applicant after his release in another case surrendered before the court on 22.07.2019 and since then he is in jail. It is submitted that the act on the part of the applicant is not wilful, intentional or deliberate. He undertakes to fully cooperate in the trial in future and assures that he would appear on each and every date fixed before the trial court. He has further submitted that the applicant who is in jail since 22.07.2019, deserves to be released on bail.

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The bail is, however, opposed by the learned A.G.A.

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Points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tempering witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail. Without expressing any opinion on the merits of the case, let

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the applicant-Vishwajeet Singh @ Bisai involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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He will cooperate in the trial bonafidely without seeking adjournments.

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He shall not indulge in any criminal activity or commission of any crime after being released on bail.

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He shall appear before the trial court on each and every date fixed till conclusion of trial to show his good conduct or behavior.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 22.1.2020 MN/-

Vishwajeet Singh @ Bisai v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishwajeet Singh @ Bisai v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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