Allowed

Vikash Teotia v. State of U.P.

Allahabad HC16 Sept 2022BAIL/17506/2022

Case brief

AI extract

What is this about?

In a second bail application, the Allahabad High Court released the applicant on bail furnishing a personal bond and two sureties, noting parity with a similarly placed co-accused who had earlier been granted bail, while clarifying no expression on merits.

What did the court decide?

Release on bail with a personal bond and two sureties subject to conditions to not tamper with evidence or influence witnesses.

Vikash Teotia Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17506 of 2022

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Applicant :- Vikash Teotia Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Rai Counsel for Opposite Party :- G.A.,Abhinav Gaur

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Hon'ble Mayank Kumar Jain,J.

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Case called out in the revised list.

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No one appears on behalf of the informant.

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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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The first bail application bearing No. 38696 of 2021 (Bhavesh Teotia and another vs State of U.P.) was rejected vide order dated 27.10.2021 by co-ordinate Bench of this Court.

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This is the second bail application moved on behalf of the applicant, who is involved in Case Crime No. 552 of 2020, under Sections 420, 467, 468, 471 and 120-B IPC, Police Station Sector 58, NOIDA, District Gautam Budh Nagar, with the prayer to enlarge the applicant on bail.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that similarly placed co-accused Bhavesh Teotia, whose first bail application along with first bail application of applicant was rejected vide order dated 27.10.2021, has already been granted bail by co-ordinate Bench of this Court vide order dated 16.08.2022 passed in Criminal Misc. Bail Application No. 646 of 2022, therefore the applicant is also entitled to be released on bail on the ground of parity. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 23.07.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail,but could not dispute the fact that second bail application of similarly placed co-accused Bhavesh Teotia has already been granted bail by coordinate Bench of this Court.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Vikash Teotia, involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

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(1) The applicant will not tamper with the prosecution evidence during the trial.

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(2) The applicant will not influence any 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 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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It is clarified that anything said in this order is 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.

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Order Date :- 16.9.2022 Sazia

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Digitally signed by SAZIA AQUIL Date: 2022.09.19 10:44:07 IST Reason: Location: High Court of Judicature at Allahabad

Vikash Teotia v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikash Teotia v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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