Arvind Vanshkar vs State Of U.P.
2021 Latest Caselaw 3801 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11211 of 2021
 

 
Applicant :- Arvind Vanshkar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Nanhe Lal Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 372 of 2020, under Sections 323, 504, 316 IPC, P.S. Talbehat, District Lalitpur.

Counsel for the applicant argues that even the statements, as recorded in the FIR, assuming to be correct, no offence can be said to be made out under Section 316 IPC. I have perused the FIR, there is nothing on record to even suggest that any ingredients of Section 316 IPC is prima facie made out. He further argues that the applicant has no criminal antecedents and is in custody since 29.12.2020.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

Considering the submissions made at the bar and coupled with the fact that there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.

Let the applicant Arvind Vanshkar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

Order Date :- 17.3.2021

S. Rahman