Vikas Kumar Chawla Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2024) — LawSathi Research

Vikas Kumar Chawla Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail allowed: the applicant is to be released on furnishing a personal bond and two reliable sureties of Rs. 20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) executing a bond to undertake to attend hearings; (b) not committing any offence similar to the offence of which he is accused or suspected; and (c) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts or tampering with the evidence.

Issue for consideration

Whether the applicant, Vikas Kumar Chawla, is entitled to be released on bail in respect of Case Crime No. 320 of 2022 under Sections 307, 504 IPC, Police Station Tikonia, District Lakhimpur Kheri.

Court's answer

Considering the FIR allegations of causing injuries without premeditated intent, one injury being simple in nature, no likelihood of the trial concluding in the near future, custody since 12.12.2022, and absence of criminal antecedents except one case ending in acquittal, the applicant is entitled to bail.

Detailed headnote1 paragraphs

BAIL GRANTED - Criminal Misc. Bail Application No. 278 of 2023, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 12), order dated 15.5.2024 by Hon'ble Pankaj Bhatia, J. (Neutral Citation 2024:AHC-LKO:37386). Applicant Vikas Kumar Chawla, accused in Case Crime No. 320 of 2022 under Sections 307, 504 IPC, Police Station Tikonia, District Lakhimpur Kheri, was alleged in the FIR to have attacked the informant with a sword at a religious function, causing two incised wounds on the left side of the head; per medical opinion injury no. 1 was simple in nature. The court noted the injuries were allegedly caused without premeditated intent, that the trial was unlikely to conclude in the near future, that the applicant had been in custody since 12.12.2022, and that he had no criminal antecedents except one case in which he had been acquitted. Holding the applicant entitled to bail, the court directed his release on a personal bond and two reliable sureties of Rs. 20,000/- each, with conditions to attend hearings, refrain from similar offences, and not induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Neutral Citation No. - 2024:AHC-LKO:37386

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 278 of 2023

Applicant :- Vikas Kumar Chawla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satendra Nath Rai,Ajay Pratap Singh Rathore,Ajeet Singh,Amit Kumar Singh,Anuj Dayal,Dinesh Kumar,Reshu Sharma,Rizwanul Haque Ansari,Vijay Kumar Asthana Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant and Shri Ran Vijay Singh, learned AGA for the Staterespondent.

By means of the instant bail application, the applicant seeks bail in respect of Case Crime No.320 of 2022 under Sections 307, 504 IPC, Police Station Tikonia, District Lakhimpur Kheri.

In terms of the F.I.R., it was alleged that the informant had gone to attend a religious function where the applicant allegedly attacked him with a use of sword which resulted in substantial injury. The injury report on record contained in Annexure No.2 indicates two iincised wounds on the left side of the head. As per the medical opinion, injury no.1 is simple in nature.

Learned counsel for the applicant has argued that the applicant is in custody since 12.12.2022 and has no criminal antecedents except one case in which he has been acquitted.

Learned A.G.A. opposed the prayer for bail however he could not deny the aforesaid fact.

Considering the allegations made in the F.I.R. of causing injuries, without there being any pre mediated intent, evident on record coupled with the fact that one of the injuries was noticed as simple in nature and there is no likelihood of the trial being concluded in near future and the fact that the applicant is in custody since 12.12.2022 having no criminal antecedents except one case in which he has been acquitted, I am of the opinion that the applicant is entitled to bail.

In view of the above, the application for bail is allowed.

Let the applicant Vikas Kumar Chawla involved in FIR/Case Crime No.320 of 2022 (supra) be released on bail on his furnishing personal bonds and two reliable sureties of Rs.20,000/each to the satisfaction of the court concerned with the following conditions :-

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 ofÏcer or tamper with the evidence.

Order Date :- 15.5.2024

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench