Allowed

Virendra @ Vakeel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Allahabad HC16 Jan 2023/776/2023

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court of Judicature at Allahabad granted bail to an accused jointly charged with grievous hurt and attempted murder. The court noted a four-day delay in FIR registration, lack of specific role assigned to the applicant, and presence of injuries suffered by the applicant and his companions. Bail was granted subject to a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties, subject to conditions against tampering and influencing witnesses.

Virendra @ Vakeel Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2023)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 776 of 2023 Applicant :- Virendra @ Vakeel Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Alok Kumar Srivastava, learned counsel for the applicant and Sri Ganesh Dutt Bhatt, learned Addl. Government Advocate for the State, and perused the records.

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The instant application has been filed seeking release of the applicant Virendra alias Vakeel S/o Ramayan on bail in Case Crime No. 174 of 2022, under sections 147,323,324,325,506,307, I.P.C., P.S. Laliya, District Balrampur.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 31.10.2022 at 17.57 against six named accused persons, including the applicant and an unknown person, alleging that the accused persons had attacked the informant's sons and assaulted him with sticks, Hasia (a sharp edged weapon) and knifes on 27.10.2022 at about 8.30 a.m.

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One Dinesh Srivastava has suffered a fracture in his left ring finger and rest of the persons have suffered simple injuries in the incident.

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Prior to lodging of the present F.I.R., on 29.10.2022, an F.I.R. bearing Case Crime No. 133 of 2022 had been lodged by the applicant's uncle against seven named persons alleging that they attacked the informant on 27.10.2022 at about 8 a.m. with sticks, kicks, fists and slaps and when the applicant and other persons tried to save him, they were also beaten up. The applicant's medico-legal examination report mentions two lacerated wounds on the top of his head and on his right Palm, besides swelling on his knee-joint and complaint of pain on right shoulder. Three other persons from the side of the applicant have also suffered multiple injuries in the incident. All the injuries have been opined to be simple in nature.

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In the affidavit filed in support of the bail-application it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.

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Per contra , the learned Addl. Government Advocate has opposed the prayer for grant of bail, but he has not been able to dispute the aforesaid facts.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have taken place in the morning of 27.10.2022 and an F.I.R. of the incident was lodged from the side of the applicant on 29.10.2022; that the applicant and three other persons from his side have suffered numerous injuries in the incident; that the F.I.R. in question has been lodged after four days after the alleged incident and there is no explanation for the delay and that no specific role has been assigned to the applicant in the F.I.R., coupled with the fact that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the accused on bail.

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In view of the aforesaid discussion, without making any observation which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail. The bail-application is allowed .

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Let the applicant Virendra alias Vakeel S/o Ramayan be released on bail in Case Crime No. 174 of 2022, under sections 147,323,324,325,506,307, I.P.C., P.S. Laliya, District Balrampur, on his furnishing a personal bond and two sureties, each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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/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 an application before this Court seeking cancellation of the bail.

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( Subhash Vidyarthi, J. )

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Order Date :- 16.1.2023/A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Virendra @ Vakeel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

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Virendra @ Vakeel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

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What did the court decide?

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