Allowed

Vishal Thakur @ Vishal Singh v. State of U.P.

Allahabad HC23 May 2022BAIL/10226/2022

Case brief

AI extract

What is this about?

The court allowed the bail application filed by Vishal Thakur in a criminal case involving grievous hurt and attempts to murder. The applicant was released on personal bond and two sureties, subject to an undertaking to provide financial assistance to the injured.

What did the court decide?

Released on personal bond and two sureties; ordered to deposit Rs. 15,000 as compensation to the injured within four weeks.

Vishal Thakur @ Vishal Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10226 of 2022

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Applicant :- Vishal Thakur @ Vishal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Sri Kalpdev Mishra, Advocate holding brief of Sri Pankaj Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 608 of 2021, under Sections147, 148, 149, 323, 504, 307, 308 IPC, Police Station Sector-Subhash Nagar, District-Bareilly.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case. The applicant is in jail since 07.01.2022 and the possibility of conclusion of trial in near future is extremely bleak.

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Learned counsel for the applicant submitted that no doubt the injured has sustained injuries, however, as per allegations levelled in the FIR as also from the statement of the injured it is not clear that who caused the injury to the injured. In nutshell, it is submitted that specific role has not been assigned either by the injured or by the informant to any of the accused persons. It is submitted that taking note of this aspect of the case the co-accused Ritesh Yadav @ Vicky Yadav has already been released on bail by this Court vide order dated 05.04.2022 passed in Criminal Misc. Bail Application No.12247 of 2022.

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Based upon instructions from the deponent of the affidavit (father of the applicant) filed in support of bail application, learned counsel for the applicant submitted that the applicant, without accepting the case of the prosecution against the applicant, as the injured is not financially well, undertakes to give some financial assistance i.e. Rs. 15,000/- to the injured.

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At this stage, it would be appropriate to mention that on this ground, the applicant is not entitled to be released on bail.

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It is next submitted that there is no possibility of tampering of any evidence. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate with the

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prosecution.

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Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.

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Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances including the statement of injured as also period of incarceration and the possibility of conclusion of trial in near future as also that co-accused has already been released on bail and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Vishal Thakur @ Vishal Singh be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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(4) In addition to above, as the learned counsel for the applicant on its own volition has given the undertaking on behalf of the applicant to provide an amount, as aforesaid, towards compensation to the injured, the applicant shall deposit the amount aforesaid before the court concerned within a period of four weeks from the date of release from the judicial custody, which shall be paid after due verification to the injured.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 23.5.2022 Vinay/-

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Digitally signed by VINAY KUMAR Date: 2022.05.23 18:02:12 IST Reason: Location: High Court of Judicature at Allahabad

Vishal Thakur @ Vishal Singh v. State of U.P.

Case brief

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Vishal Thakur @ Vishal Singh v. State of U.P.

Case brief

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What the court decided

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