Allowed

Vishal@ Mogala v. State of U.P.

Allahabad HC22 Nov 2023BAIL/43809/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal conspiracy and attempt to murder case on the ground of parity with a co-accousalready released. The order imposed conditions including attendance at trial stages and abstention from tampering with evidence.

What did the court decide?

Release on personal bond and two sureties subject to conditions of attendance at trial stages and non-tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:221177

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43809 of 2023

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Applicant :- Vishal@ Mogala Opposite Party :- State of U.P. Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Atmaram Nadiwal, learned counsel for the applicant, Sri S.P. Pandey, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.95 of 2023, under Sections 307, 323 and 120-B I.P.C., Police Station Teetaro, District Saharanpur, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person Kartik @ Vimal Kumar has already been enlarged on bail by this Court vide order dated 16.10.2023 passed in Criminal Misc. Bail Application No.43908 of 2023. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 22.08.2023. There is no criminal history of the applicant.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of

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bail on the ground of parity. The bail application is allowed on the ground of parity.

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Let the applicant- Vishal @ Mogala , who is involved in aforementioned case crime 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 following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 22.11.2023 Ravi Kant

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(Krishan Pahal, J.)

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

Vishal@ Mogala v. State of U.P.

Case brief

What is this about?

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Vishal@ Mogala v. State of U.P.

Case brief

What is this about?

What did the court decide?

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