Vikas v. State of U.P.

Allahabad HC28 Mar 2022BAIL/49073/2021

Case brief

AI extract

What is this about?

Allahabad High Court bail order dated 28.3.2022 by Justice Vivek Varma granting bail to Vikas in Criminal Misc. Bail Application No. 49073 of 2021; Case Crime No. 420 of 2021; Sections 307 and 323 IPC; Police Station Mawana, District Meerut; simple injuries on non-vital body parts; lathi; no criminal history; custody since 08.09.2021; personal bond and two local sureties; conditions incl. no tampering with evidence and no pressure on witnesses; bail cancellation on breach; counsel Kaustubh Srivastava; G.A. for State.

What did the court decide?

Bail granted to applicant Vikas on furnishing a personal bond and two local sureties each in the like amount, subject to conditions of appearance on fixed dates, non-tampering with prosecution evidence and non-pressure on prosecution witnesses. ¶¶8

Vikas Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Vikas, accused in Case Crime No. 420 of 2021 under Sections 307, 323 I.P.C. (Police Station Mawana, District Meerut), should be released on bail.

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Court's answer

Applicant Vikas is to be released on bail on furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the Court concerned.

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Ratio / Principle

Bail is subject to conditions that the applicant shall appear on dates fixed by the trial court, shall not tamper with prosecution evidence, and shall not pressurize prosecution witnesses; on breach of any condition the prosecution may move a bail cancellation application before this Court.

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Key takeaways

The Court expressly refrained from expressing any opinion on the merits of the case while granting bail.obiter¶¶8

Detailed headnote1 paragraphs

Bail granted — Vikas (Criminal Misc. Bail Application No. 49073 of 2021, decided 28.3.2022, Hon'ble Vivek Varma, J., High Court of Judicature at Allahabad): Applicant, accused in Case Crime No. 420 of 2021 under Sections 307, 323 I.P.C., Police Station Mawana, District Meerut, in jail since 08.09.2021, pleaded innocence claiming false implication due to family disputes; injuries to the injured were submitted to be simple, on non-vital parts, and not causable by a hard and blunt object like a lathi; no criminal history attributed. Learned A.G.A. opposed the prayer but could not satisfactorily dispute the submissions from the record. Without expressing any opinion on the merits, the Court directed release on bail on a personal bond and two local sureties each in the like amount, conditioned on appearance on dates fixed by the trial court, non-tampering with prosecution evidence and non-pressure on prosecution witnesses; breach entitles the prosecution to move a bail cancellation application before this Court.

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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49073 of 2021

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Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Kaustubh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.

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It is submitted that the applicant is innocent and has been falsely implicated in the instant case owing to other disputes between family members. The applicant has not inflicted any injury. The injuries sustained by the injured are simple in nature and are on non-vital part of the body. He further submits that such injuries cannot be caused by a hard and blunt object like lathi. The applicant has no criminal history. The applicant is in jail since 08.09.2021 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Perused the first information report as well as averments made in the application.

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Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Vikas, involved in Case Crime No. 420 of 2021, under Sections 307, 323 I.P.C., Police Station Mawana, District Meerut be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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