Allowed

Vishal Patel @ Vishal v. State of U.P.

Allahabad HC8 Sept 2021BAIL/8172/2021

Case brief

AI extract

What is this about?

Court granted bail to criminal petitioner Vishal Patel alias Vishal in Case Crime No. 906 of 2020. The order considers jail overcrowding during the pandemic and Article 21 mandates, releasing the accused on a personal bond with two sureties without expressing a view on the case's merits.

What did the court decide?

Released on bail by executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to specific conditions including attendance at trial, no tamp

Vishal Patel @ Vishal Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8172 of 2021

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Applicant :- Vishal Patel @ Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Singh Counsel for Opposite Party :- G.A.,Narendra Deo Upahdayay,Vinay Bhushan Upadhyay

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Mrs. Poonam Singh Sengar, learned AGA for the State, Sri Vinay Bhushan Upadhyay, learned counsel for the complainant and perused the record.

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The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive. He is innocent and has no criminal antecedent. Learned counsel for the applicant further submits that coaccused Neelam Devi has been granted bail by this Court vide order dated 10.6.2021 passed in Crl. Misc. Bail Application No. 7043 of 2021, thus the applicant herein is also entitled for bail. He is languishing in jail since 12.12.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned counsel appearing for the opposite party vehemently opposed the prayer but could not dispute the factual aspect of the matter.

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Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Vishal Patel alias Vishal involved in Case Crime No. 906 of 2020, under Sections 323, 504, 506, 452, 308 IPC, Police Station Gola, District Gorakhpur be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 8.9.2021 Digamber

Vishal Patel @ Vishal v. State of U.P.

Case brief

What is this about?

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Vishal Patel @ Vishal v. State of U.P.

Case brief

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