Court allowed bail application under Sections 323, 324, 325, 308, 504, 506 IPC, holding that applicant made out a case for bail applying Dataram Singh principles.
Release on bail by furnishing personal bond and two sureties subject to conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27490 of 2022
Applicant :- Vishal @ Vikash Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Amit Agrahari, holding brief of Sri Sharad Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.340 of 2021, registered under Sections 323, 324, 325, 308, 504, 506 I.P.C., Police Station Mansoorpur, District Muzaffarnagar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Initially N.C.R. was registered, therefore, Section 308 I.P.C. has been added on account of injury received by the injured. He further contended that no specific role has been assigned to the applicant. General role has been assigned to all the accused persons. Without any credible evidence, Section 308 I.P.C. has been added. Statements of injured as well as informant, no role has been assigned to the applicant. He further contended that co-accused, namely, Rajveer has been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.5129 of 2022 vide order dated 22.08.2022 and the role of the applicant is same of the co-accused and the applicant is entitled for bail. Applicant having no criminal history. The applicant is languishing in jail since 24.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC
22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Vishal @ Vikash, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.8.2022
Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.08.29 17:34:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant makes out a case for bail under the circumstances of the case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherApplied¶9
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Vishal @ Vikash
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
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