Allowed

Vijaypal v. State of U.P.

Allahabad HC2 May 2023BAIL/2139/2023

Case brief

AI extract

What is this about?

In a second bail application, the Allahabad High Court allowed the prayer for release on personal bond and sureties, finding the applicant had made out a case after considering the nature of the offence and lack of trial prospects.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties (one a family member) with specific conditions regarding evidence tampering, trial cooperation, and avoiding new crimes.

Vijaypal Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:99418

¶2

Court No. - 86

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2139 of 2023

¶4

Applicant :- Vijaypal Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Kumar Singh,J.

¶6

Heard Sri Shyam Babu Vaish, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.

¶7

This is the second bail application moved on behalf of the applicant. The first bail application moved on behalf of the applicant was rejected vide order dated 11.10.2022.

¶8

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.456 of 2022, under Sections 3/5/25 Arms Act, P.S. Kotwali Shahr, District Bulandshahr.

¶9

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant was earlier also implicated in similar nature of case in same police station, apart from which in all cases and only in order to extract money from the applicant the present FIR has been lodged against the applicant; The applicant has criminal history, which has been explained in paragraph no.16 of the affidavit accompanying this bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 29.5.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

¶10

Learned A.G.A. has opposed the bail prayer of the applicant.

¶11

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶12

Let the applicant, Vijaypal , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be

¶13

verified.

¶14

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

¶15

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

¶16

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

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Order Date :- 2.5.2023 Dev/-

¶19

Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Vijaypal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vijaypal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohammad Naeem Vs State of U.P. and Another

Subhan@ Shahbaz Vs State of U.P.

Ranvijay Vishwakarma Vs State of U.P.

Tilak Singh Vs Union of India

Yusuf @ Andha Vs State of U.P.

Deepak Vs State of U.P. and 3 Others