Allowed

Vishal v. State of U.P.

Allahabad HC9 Jun 2022BAIL/19635/2022

Case brief

AI extract

What is this about?

This judgment grants bail to an applicant accused of offenses under various IPC sections involving cheating, forgery, and theft of a pistol and motorcycle. The court accepted the argument that the applicant was falsely implicated and not a flight risk.

What did the court decide?

Bail allowed. Release on personal bond and two sureties subject to conditions of not tampering with evidence, influencing witnesses, and appearing in court.

Vishal Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19635 of 2022

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Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Abid Ali Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.69 of 2022 at Police Station-Izzat Nagar, DistrictBareilly under Sections 411, 414, 420, 467, 468, 471 IPC. The applicant is in jail since 25.01.2022.

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The bail application of the applicant was rejected by learned Incharge Sessions Judge, Bareilly on 15.04.2022.

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Shri Mohammad Abid Ali, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. One countrymade pistol, one live cartridge and one motorcycle were planted on the applicant to frame him in this case to burnish the credentials of the police authorities. The other motorcycles were recovered at the pointing out of the applicant. The said pointing out was extracted by coercion and made under duress when the applicant was in police custody. There is no independent witness to the recovery. Prosecution evidence does not

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connect the applicant with the offence.

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Explaining the criminal history of the applicant, learned counsel for the applicant contends that the applicant belongs to an economically weaker section of the society and has become an easy scapegoat for the police authorities who have falsely framed him in a number of cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The said criminal cases do not depict commission of any heinous crime by the applicant and have no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Anupam Anand, learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Vishal be released on bail in the aforesaid case crime number 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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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 bail cancellation application before this Court.

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Order Date :- 9.6.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.06.10 09:48:32 IST Reason: Location: High Court of Judicature at Allahabad

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?

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