Vishal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48749 of 2023 Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.1255 of 2021, under Section 308 IPC, Police Station Nandgram, District Ghaziabad, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further contended that in the statement under Section 161 CrPC the doctor who has examined the injured persons has stated that some of the injuries are simple in nature while some are kept under observation and X-ay thereof was conducted in which no bony fracture was found. It is also contended that the co-accused, Subhash Kasana has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 02.11.2023 passed in Criminal Misc. Bail Application No.46346 of 2023, therefore, the applicant is also entitled to be enlarged on bail as his case is on the better footing to that of the aforesaid co-accused. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 06.10.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant.

¶5Having regard to the facts, circumstances of the case and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Vishal, involved in the aforesaid 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 23.11.2023 Shahroz High Court of Judicature at Allahabad