Allowed

Vishal Singh v. State of U.P.

Allahabad HC29 Sept 2022BAIL/27939/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal case involving offences under Sections 147, 148, 307, 325, 323, 427, 506 IPC. The court imposed strict conditions regarding court attendance and prohibition of tampering with evidence or seeking adjournments.

What did the court decide?

Enlargement on bail via personal bond and two sureties subject to strict conditions regarding court appearance and conduct.

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

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27939 of 2022

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Applicant :- Vishal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.,Sanjeev Kumar Singh

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Hon'ble Suresh Kumar Gupta,J.

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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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This bail application has been filed by the applicant, who is involved in Case Crime No.365 of 2021, under Sections 147, 148, 307, 325,323, 427, 506 IPC, Police Station Sachendi, District Kanpur Nagar.

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Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the aforesaid case. He further submitted that the offence under section 307 IPC is not made out. No specific role has been assigned to the applicant. Further submitted that co-accused Sonu Dubey has already been granted bail by a coordinate Bench of this court in Criminal Misc.Bail Application No.28778 of 2022 vide order dated 26.07.2022 and the case of the applicant stands on similar footing to that of co-accused, hence the applicant is also entitled for bail on the ground of parity. The applicant in is jail since 8.6.2022 as having has no previous criminal history and in case applicant is released on bail, he would not misuse liberty of bail and is ready to cooperate in the trial.

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Learned A.G.A. for the State has vehemently opposed the prayer for bail but could not dispute the aforesaid submission.

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After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of applicant.

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Bail Application is allowed.

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Let applicant- Vishal Singh be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence of witnesses and shall not commit any offence.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 29.9.2022 SFH

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Digitally signed by SYED FAHIM HUSAIN Date: 2022.09.30 14:12:53 IST Reason: Location: High Court of Judicature at Allahabad

Vishal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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