Allowed

Vishal Singh v. State of U.P.

Allahabad HC21 Sept 2022BAIL/39456/2022

Case brief

AI extract

What is this about?

Honble Mohd. Azhar Husain Idrisi, J. disposed of Criminal Misc. Bail Application No. 39456 of 2022 allowing the release of applicant Vishal Singh on bail in a case involving Sections 392, 411 IPC, subject to standard conditions regarding tampering and cooperation in trial.

What did the court decide?

Release of applicant on bail furnished through personal bond and two sureties with specific conditions.

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

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39456 of 2022

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Applicant :- Vishal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 32 of 2022, under Sections 392, 411 IPC, P.S. Nandganj, District Ghzipur, during the pendency of trial.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. The F.I.R. has been lodged against unknown persons. It is further submitted that the applicant does not have any link with the alleged crime particularly since no identification parade was ever conducted by the authorities.The criminal history of the applicant has been properly explained in paragraph no. 12 of the bail application. It is pointed out that co-accused Abhishek @ Bunty has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 1.8.2022 passed in Criminal Misc. Bail Application No. 22143 of 2022. The applicant is in jail since 4.3.2022 . There are scanty chances of his fleeing away from the judicial process and tampering the prosecution evidence.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage but could not dispute the aforesaid submission of the learned counsel for the applicant.

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The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

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Without expressing any opinion on the merits, let the applicant Vishal Singh involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the

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following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 21.9.2022 M. Tarik

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Digitally signed by MOHD TARIK Date: 2022.09.27 17:46:02 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

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