Allowed

Vivek Agarwal v. State of U.P.

Allahabad HC13 Jul 2022BAIL/20545/2022

Case brief

AI extract

What is this about?

This judgment grants bail to Vivek Agarwal in a criminal trial concerning sections 147, 148, 149, 307, 504, and 506 IPC. The court was satisfied with the applicant's claim of injuries and false implication, allowing release on bond and sureties subject to specific conditions.

What did the court decide?

Applicant directed to be released on bail in Case Crime No. 94 of 2022 on furnishing a personal bond and two sureties subject to conditions.

Vivek Agarwal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20545 of 2022

¶3

Applicant :- Vivek Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

Counter affidavit filed today is taken on record.

¶6

Heard Sri Amit Kumar Srivastava, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State, Sri Jitendra Yadav, the learned counsel appearing for the informant and perused the record.

¶7

The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 94 of 2022, under Sections - 147, 148, 149, 307, 504, 506 IPC, Police Station - Sungarhi, District Pilibhit during pendency of the trial before the court below.

¶8

The aforesaid case arose out of a first information report alleging that the applicant along with his son and three other persons hit and abused the informant's son and the applicant fired at the informant's son with the country made pistol. The applicant was taken into custody on 09.02.2022 and on 15.02.2022 the applicant's mother had filed an application under Section 156 (3) Cr.P.C. stating that on 08.02.2022, the applicant had gone to Meenar Bar in response to a phone call received from Mohd. Kashif Khan. Mohd. Kashif Khan and Gurusevak Singh alias Sonu Sardar along with two other persons were present there; they started abusing the applicant with reference to an old animosity and they had beaten the applicant mercilessly with kicks, fists, iron rod and butt of a pistol. In the said incident, Gurusevak Singh alias Sonu Sardar fired a shot by a pistol with intention to kill the applicant but it missed the applicant and hit Mohd. Kashif Khan. The aforesaid application was allowed vide order dated 06.04.2022 passed by the Chief Judicial Magistrate, Pilibhit and an F.I.R. was registered on 17.04.2022 as Case Crime No. 0199 of 2022 under Sections 504, 323, 307 and 506 IPC, Police Station - Sungarhi, District Pilibhit against the the injured Mohd. Kashif Khan and Gurusevak Singh alias Sonu Sardar in furtherance of the aforesaid application. A copy of the medical examination report of the applicant has been annexed as annexure-2 to the affidavit

¶9

filed in support of the bail application, which shows that the applicant was taken to the District Hospital, Pilibhit by the Police Constable on 08.02.2022 at 11:05 p.m. and he has suffered four incised wounds on his skull.

¶10

It has categorically been stated in the affidavit filed in support of the bail application that the applicant is innocent and he has been falsely implicated in the present case. It has further been stated that the applicant's mother had tried to lodge an F.I.R. but the police did not register the same and therefore, she moved an application under Section 156 (3) Cr.P.C. The applicant is languishing in jail since 09.02.2022.

¶11

It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence. In such circumstances, applicant is entitled for bail. It is also stated that the applicant will never misuse the liberty of bail and he shall fully cooperate in the investigation.

¶12

Per contra, the learned A.G.A. has opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant. The learned counsel for the informant has also vehemently opposed the prayer for grant of bail but he could not give any satisfactory reply to the query put by the Court regarding the injuries suffered by the applicant.

¶13

Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial.

¶14

Let the applicant - Vivek Agarwal be released on bail in Case Crime No. 94 of 2022, under Sections - 147, 148, 149, 307, 504, 506 IPC, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:

¶15

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

¶16

(ii) The applicant will not influence any witness.

¶17

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶18

(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

¶19

evidence.

¶20

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

¶21

Order Date :- 13.7.2022 Ashish Pd.

¶22

Digitally signed by ASHISH PRASAD Date: 2022.07.16 16:28:53 IST Reason: Location: High Court of Judicature at Allahabad

Vivek Agarwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vivek Agarwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Seema Devi Vs State of U.P.

Dinesh Kumar Vs State of U.P.

Praveen Kumar Saxena Vs State of U.P. and Another

Sunil Kumar Yadav Vs State of U.P.

Raj Kumar Cahar Vs State of U.P.

Rakesh Kumar Vs State of U.P.