Allowed

Vinod Kumar Vishwakarma v. State of Up

Allahabad HC1 Oct 2024ABAIL/9669/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant for an offence under Section 364 IPC. The court noted the FIR was based on suspicion and hearsay rather than concrete evidence of the applicant fleeing justice or tampering with witnesses.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 25,000 with two sureties and compliance with standard conditions including non-interference with investigation and future appearance.

Vinod Kumar Vishwakarma vs State of Up — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:177455

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Court No. - 33

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9669 of 2024

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Applicant :- Vinod Kumar Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Divyanshu Pathak Counsel for Opposite Party :- Dev Raj Singh,G.A.

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Hon'ble Vikram D. Chauhan,J.

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The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Vinod Kumar Vishwakarma in Case Crime No.0176 of 2024, under Section 364 I.P.C., Police Station - Kaptanganj, District - Azamgarh.

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Heard learned counsel for the applicant as well as learned AGA and perused the material available on record.

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It is submitted by learned counsel for the applicant that the first information report was lodged on 11.6.2024 under Section 364 I.P.C. in respect of an incident dated 5.6.2021 since then son of the informant was missing.

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3A. Learned counsel for the applicant has drawn attention to the first information report which has been lodged on the basis of suspicion as some persons have stated that the applicant was last seen with the son of the informant. The persons who have last seen the son of the informant with the applicant has not been described nor any details have been given. A suspicion cannot be foundation for prosecuting the applicant. The first information report is based on hearsay evidence. The applicant has no previous criminal history. However, subsequently one first information report has been lodged against the applicant. There was a previous dispute between the parties as a result of the same, the present first information report has been lodged. It is further submitted by learned counsel for applicant that applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his/her arrest by the police any time.

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Learned A.G.A. and learned counsel for the informant opposed the prayer but could not point out any evidence with regard to last seen. However, learned counsel for the informant submits that the applicant is harassing the informant and his family members.

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It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicant for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicant is granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

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It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

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In view of the above, the applicant is granted anticipatory bail in respect of offence described in para 1 of the present order. In the event of arrest of the applicant, he shall be released on anticipatory bail on his/her furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office as and when required.

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(ii) 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 office.

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(iii) The applicant shall not leave India without the previous permission of the Court concerned.

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(iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer

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about new residential address in writing.

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(v) The applicant shall cooperate with the investigation and make himself/herself available for interrogation whenever required.

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(vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

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(vii) The applicant shall maintain law and order.

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(viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned.

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(ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences.

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(x) Non presence of the applicant or his counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.

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(xi) The applicant will not disturb the peace and tranquility of the informant and his family members. The Station House Officer concerned is directed to maintain peace and tranquility between the parties.

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In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.

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With the directions made above, the anticipatory bail application stands allowed.

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Order Date :- 12.11.2024 Bhaskar

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

Vinod Kumar Vishwakarma v. State of Up

Case brief

What is this about?

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Vinod Kumar Vishwakarma v. State of Up

Case brief

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