Allowed

Vishal v. State of U.P.

Allahabad HC23 Jan 2023BAIL/55871/2022

Case brief

AI extract

What is this about?

In this bail application under Sections 498A, 376D, and IPC, the Court allowed the bail of the applicant, a brother-in-law accused of rape and dowry demands, as identically placed co-accused had already been released, establishing a prima facie case for bail.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two local sureties subject to conditions against tampering and influence.

Vishal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55871 of 2022

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Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Satya Pal Singh Counsel for Opposite Party :- G.A.,Manoj Pandey

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Hon'ble Mayank Kumar Jain,J.

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Heard Sri Satya Pal Singh, learned counsel for the applicant, Sri Manoj Pandey, learned counsel for the informant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 264 of 2022, under Sections 498A, 376D, 506, 323 IPC and Section 3/4 D.P. Act, Police Station Kaila Devi, District Sambhal, with the prayer to enlarge the applicant on bail.

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The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. Learned counsel for the applicant submits that the alleged incident of rape has been taken place on 26.09.2022 and and incident of mar-peet has been taken place on 28.09.2022 regarding which the NCR was lodged but no allegation of rape was mentioned in the NCR and the FIR was lodged on 04.10.2022 after 9 days of delay without any explanation. He has next submitted that the allegation of Rs. 2 lakhs and motorcycle as additional demand of dowry has been leveled against applicant and other accused persons. The allegation against the applicant and other co-accused persons is absolutely false, frivolous and baseless. In fact the applicant is innocent person, he has not committed the alleged offence. The applicant is real brother-in-law of the first informant and at the time of alleged incident he was outside from his house. As per the medical examination report, no injury was found on the person of victim. It is submitted that co-accused person namely Amit has already been enlarged on bail by coordinate Bench of this Court vide Criminal Misc. Bail Application No. 53493 of 2022, copies of which has already been annexed to the bail application. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 19.10.2022 having no criminal history and that in case applicant is enlarged on bail,

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the applicant will not misuse the liberty of bail.

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The prayer for bail has been vehemently opposed by learned counsel for the informant and learned A.G.A. However, it is not disputed the fact that the similarly placed co-accused have been granted bail by this Court.

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Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Vishal in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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

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(4). 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 to any police officer or tamper with the evidence.

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

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Order Date :- 23.1.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Vishal v. State of U.P.

Case brief

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Vishal v. State of U.P.

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