Allowed

Vishal v. State of U.P.

Allahabad HC7 Aug 2023BAIL/33028/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the High Court granted bail to an applicant falsely implicated in an examination impersonation case. The court observed the applicant had no criminal history and the State could not demonstrate reasonable apprehension of harm to the trial.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in the like amount.

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

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Neutral Citation No. - 2023:AHC:157545

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33028 of 2023

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Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Naresh Kumar Pal,Brajendra Kumar,Nitin Pal 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, learned AGA for the State-opposite party and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 46 of 2023, under Sections 419, 420, 467, 468, 471 IPC and Section 6/10 of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Nai Ki Mandi, District Agra, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant did not appear in the examination nor did he attempt to appear as an impersonator. The applicant is preparing for competitive examinations, whose career will be jeopardized as the result of the instant false case. The applicant is in jail since 28.06.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost one month and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Vishal , involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 7.8.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Vishal v. State of U.P.

Case brief

What is this about?

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Vishal v. State of U.P.

Case brief

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