Single judge granted bail to the applicant Vikash Rai in a criminal case involving multiple IPC sections, directing him to furnish a bond with sureties and adhere to specific conditions including non-tampering with witnesses.
Bail granted upon furnishing a personal bond with two heavy sureties, one being a family member, with standard conditions attached.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19538 of 2018
Applicant :- Vikash Rai Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Chandra Srivastava,Dinesh Rai Counsel for Opposite Party :- G.A.,Pradeep Kumar Tiwari
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to university election. It is further submitted that as per FIR version itself the applicant made one fire arm shot which missed. It is also submitted that the victim has received only simple injury. The applicant is preparing for a government job. It has also been submitted that the applicant is languishing in jail since 11.8.2017. The applicant has criminal antecedent which has been properly explained in para 13,14,15 and 16 of the affidavit filed in support of the bail application.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Vikash Rai involved in Case Crime No. 722 of 2015 under Section 364, 386, 506, 323, 392, 34 IPC, P.S. Colenganj, District Allahabad be released on bail on his furnishing a personal bond with two heavy sureties each, one of them must be of his family member, in the like amount to the satisfaction of the court concerned with the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.8.2018
Manish Tripathi
1 issue framed by the court
Whether the applicant Vikash Rai is entitled to bail in a case involving multiple criminal charges and simple injury.
Vikash Rai
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
