Allowed

Vipin v. State of U.P.

Allahabad HC6 Jan 2023BAIL/54436/2022

Case brief

AI extract

What is this about?

In a criminal bail application, the Hon'ble Allahabad High Court granted bail to the applicant, Vipin, who faced charges for offences related to affray and assault on police personnel, rejecting the trial court's denial without addressing the merits of the case.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties to the satisfaction of the trial court.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54436 of 2022

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Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Amar Jeet Upadhyay,Krishna Kant Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 182 of 2022 at Police Station Phalawada, District Meerut under Sections 147, 148, 149, 323, 353, 332, 307, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act. The applicant is in jail since 25.10.2022.

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The bail application of the applicant was rejected by learned trial court on 15.11.2022.

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The following arguments made by Shri Mohd. Munish, learned counsel holding brief of Shri Amar Jeet Upadhyay, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been falsely implicated in this case to burnish the credentials of the police authorities.

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(2). The F.I.R. assigns a vague and general role to the applicant in the assault.

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(3). The applicant has not been identified as the

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principal offender who inflicted grievous injury on the vital part of the body of any police personnel.

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(4). The applicant does not have any criminal history apart from the instant case.

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(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Vipin be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 6.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Vipin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vipin v. State of U.P.

Case brief

What is this about?

What did the court decide?

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