Allowed

Abhishek Vishnoi @ Golu v. State of U.P. through Secretary Home

Allahabad HC5 Aug 2022BAIL/29895/2022

Case brief

AI extract

What is this about?

Bail application allowed for Abhishek Vishnoi charged with murder. Court held applicant on similar footing to co-accused already on bail and granted bail subject to standard conditions.

What did the court decide?

Released on bail with personal bond and two heavy sureties subject to conditions including no tampering with evidence or intimidation of witnesses.

Abhishek Vishnoi @ Golu Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29895 of 2022

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Applicant :- Abhishek Vishnoi @ Golu Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Shweta Pandey,Punita Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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It is submitted that in this case applicant was not named in the F.I.R. Allegedly, the husband of the deceased Kamal Sharma shot her wife and during investigation the name of this applicant was brought into light on the basis of statement of coaccused persons to assist the main accused Kamal Sharma who was annoyed with his wife because she maltreated him and there was matrimonial dispute between both of them. There is nothing on record to show that this applicant also participated in the plan of murder of the deceased except statement of coaccused and he has committed no offence. It is also submitted that co-accused Ankur Alias Bittu & Varsha Sharma have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 08.07.2022 & 25.07.2022 respectively. The criminal history of three cases against him has been explained and he is in jail since 16.11.2021., therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that other co-accused persons have already been enlarged on bail and the case of this applicant is on similar footing and without expressing any opinion on the 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 Abhishek Vishnoi @ Golu involved in Case Crime No.750 of 2021, under Sections 302, 120B, 34 I.P.C., Police Station Kotwali City, District Bijnor, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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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 or to any police officer or tamper with the evidence.

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

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Order Date :- 5.8.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.08.06 17:56:57 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek Vishnoi @ Golu v. State of U.P. through Secretary Home

Case brief

What is this about?

What did the court decide?

Abhishek Vishnoi @ Golu v. State of U.P. through Secretary Home

Case brief

What is this about?

What did the court decide?

What the court decided

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