Allowed

Vishal v. State of U.P.

Allahabad HC24 Nov 2023BAIL/45763/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Vishal in a criminal case. The court held that the applicant had made out a case for bail and ordered his release on personal bond with two heavy sureties subject to specific conditions to prevent tampering with evidence and intimidation.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two heavy sureties each in the like amount, subject to conditions against tampering with evidence, intimidating witnesses, and re-o

Vishal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:223760

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45763 of 2023

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Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- G.A.,Anita Singh,Prem Babu Verma

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Hon'ble Krishan Pahal,J.

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None is present on behalf of the informant even in the revised call.

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Heard Sri Sandeep Pandey, learned counsel for the applicant as well as Sri S.P. Pandey, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 462 of 2023, under Sections 395, 397, 412, 120-B of I.P.C. and Section 15 of Dacoity Affected Area Act, 1983 and Sections 3/25 of Arms Act, Police Station Sadar Bazar, District Agra, during the pendency of trial.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR. The applicant is not named in the FIR. The applicant and other co-accused persons have been arrested on the information furnished by a squealer and a false recovery of Rs.4870/-, a mobile and a country made pistol have been foisted upon the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 17.09.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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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 considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Vishal involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/ intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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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 on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 24.11.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Vishal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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