Vijay v. State of U.P.
Case brief
What is this about?
In a bail application under Section 439 Cr.P.C., the court allowed the release of the applicant along with co-accused having an identical role, noting the latter's bail grant and the absence of criminal antecedents.
What did the court decide?
Released on bail subject to personal bond, two sureties, and conditions to appear, not tamper with evidence, and not pressurize witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:205518
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43022 of 2023
Applicant :- Vijay Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Heard counsel for the applicant and learned AGA for the Stateopposite party.
- 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. 151 of 2023, under Sections 323, 504, 506 and 313 I.P.C., Police Station- Baniyather, District- Sambhal, during the pendency of trial.
- Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the first information report, four persons are alleged to have assaulted the informant. No specific role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the injuries to the informant. It is next contended that there is no opinion of the Doctor that the miscarriage of the unborn child was caused due to the alleged incident dated 07.06.2023. No recovery of any incriminating article has been made from the applicant. Further, the co-accused, Manoj, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 43230 of 2023 vide order dated 18.10.2023. The applicant claims parity. The applicant is in jail since 03.08.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail as he was not a principal offender and his co-accused with identical role has been granted bail.
Whether there is any reasonable apprehension that the applicant will tamper with evidence or intimidate witnesses if enlarged on bail.
Parties & counsel
- applicant
Vijay
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/43022/2023
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