Vishal Kumar, Advocate v. State of U.P

`Neutral Citation No. - 2023:AHC:213870 Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47567 of 2023 Applicant :- Vishal Kumar, Advocate Opposite Party :- State of U.P. Counsel for Applicant :- Syed Imran Ibrahim,Praveen Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Praveen Kumar Singh, learned counsel for the applicant, Sri Amit Kumar, learned counsel for the informant and Sri Ram Mohit Yadav, learned A.G.A. for the State as well as perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.181 of 2022, under Sections 147, 323, 325, 504, 506, 452, 308 I.P.C., Police Station Baragaon, District Varanasi, during the pendency of trial.

¶4As per prosecution case, the applicant and co-accused persons are stated to have barged into the house of the informant and assaulted them, thereby causing grievous injuries to two persons in all.

¶5Learned counsel for the applicant has argued that the FIR was initially instituted under Sections 147, 323, 324, 504, 506, 452 I.P.C. only but later on as hairline fracture was observed on right parietal bone of the injured Abhishek Dwivedi, the Section 308 I.P.C. has been added. The said fracture has been observed about one month after the occurrence, as such, the injury is fake. Learned counsel has further stated that there is cross FIR instituted by the family members of the applicant and three persons had sustained injuries from the side of the applicant.

¶6Learned counsel for the applicant has further stated that there being cross-version, at this point of time, it cannot be ascertained as to which party was the aggressor. Both the FIRs were instituted the same day. 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. The applicant is languishing in jail since 20.10.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there is fracture on the right parietal bone of the informant and there is a videography of the incident whereby the applicant is seen loading the country made pistol.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that there is cross-version of the present case, and 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.

¶9Let the applicant-Vishal Kumar, Advocate, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It 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 based on the testimony of the witnesses. Order Date :- 7.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad