Allowed

Vikash Rai v. State of U.P.

Allahabad HC8 Aug 2018BAIL/19551/2018

Case brief

AI extract

What is this about?

A Single Judge granted bail to an applicant facing serious criminal charges under the IPC and Criminal Law Amendment Act. The court rejected tampering allegations but allowed release on a personal bond with two heavy sureties (one family member) after considering the nature of evidence and the applicant's antecedents.

What did the court decide?

Released on bail on furnishing a personal bond with two heavy sureties, one of whom must be a family member, each in like amount.

Vikash Rai Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19551 of 2018

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Applicant :- Vikash Rai Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Chandra Srivastava,Dinesh Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

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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 admitted in para 10 of the counter affidavit that there is no medical report. It is further submitted that the applicant had been preparing for a government job. It has also been submitted that the applicant is languishing in jail since 5.8.2017. 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.

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Learned A.G.A. opposed the prayer for bail.

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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.

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Without expressing any opinion on the merits of the case let the applicant Vikash Rai involved in Case Crime No. 860 of 2015 under Sections 147, 148, 149, 307, 286, 336, 504, 427, 34 of IPC and section 7 of Criminal Law amendment Act, Police Station Colenganj, District Allahabad be released on bail on his furnishing a personal bond with two heavy sureties, one of them must be of his family member, each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

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He will not tamper with the witnesses.

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

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 8.8.2018

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Manish Tripathi

Vikash Rai v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikash Rai v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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