Allowed

Vishnu v. State of U.P.

Allahabad HC21 Sept 2023BAIL/36163/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 36163 of 2023, the Allahabad High Court granted bail to the applicant in a case involving offences under Sections 394 and 411 IPC. The court noted the applicant was not named in the FIR and there was no hope for early trial conclusion.

What did the court decide?

Released on bail on personal bond and two sureties subject to appearing on fixed dates and not tampering with evidence or witnesses.

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

¶1

Neutral Citation No. - 2023:AHC:183083

¶2

Court No. - 74

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36163 of 2023

¶4

Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Singh Chauhan,Neelam Singh Chauhan Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

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

¶7

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 136 of 2023, under Sections 394, 411 I.P.C., Police Station Fatehabad, District Agra during the pendency of the trial.

¶8

Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed in the confessional statement of co-accused Sonu. No recovery of the alleged mobile was made from the applicant. There is no independent witness to the alleged recovery. It is next contended that co-accused Sonu has been granted bail by this Court in Criminal Misc. Bail Application No. 28856 of 2023, Sonu v. State of U.P., vide order dated 24.07.2023. The case of the applicant is on better footing than that of co-accused Sonu. The criminal history of the applicant has been explained in Pargraph-12 of the affidavit. The applicant is in jail since 13.07.2023 and if he is released on bail, he will not misuse the said liberty.

¶9

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

¶10

Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information, the name of the applicant was disclosed in the confessional statement of co-accused Sonu, there is no independent witness to the alleged recovery and Sonu has been granted bail by this Court. Moreover, the applicant has

¶11

remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶12

Let the applicant- Vishnu, 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 Court concerned subject to the conditions that he:

¶13

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

¶14

(ii) shall not tamper with the prosecution evidence; and,

¶15

(iii) shall not pressurize the prosecution witnesses.

¶16

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 21.9.2023 SKT/-

¶18

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Vishnu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishnu 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shadab Vs State of U.P.

Sagar Vs State of U.P.

Dhananjay Singh Vs State of U.P.

Rishabh Bajpai Vs State of U.P.

Anas Alias Popa Vs State of U.P.

Sanjeev Vs State of U.P. and 3 Others