Allowed

Vikash Rai v. State of U.P.

Allahabad HC21 Aug 2018BAIL/31701/2018

Case brief

AI extract

What is this about?

This order grants bail to applicant Vikash Rai in a criminal case involving affray and criminal intimidation. The court imposed conditions prohibiting evidence tampering, ensuring trial cooperation, and enjoined criminal activity upon release.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each in an amount satisfactory to the court, subject to specific conditions regarding conduct during investigation, tria

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

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31701 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 Siddharth,J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Vikash Rai with a prayer to release him on bail in Case Crime No. 100 of 2015, under Sections 147, 148, 149, 504, 506, 392 IPC, Police Station Colengnaj, District- Allahabad, during pendency of trial.

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The allegation against the applicant is that during the cricket match, some dispute arisen between the players, and the mutual assault was caused. The applicant is one of the co-accused. The argument is that the incident took place spontaneously and was not pre-planned. The applicant is stated to be involved in ten cases after arrest in Case Crime No. 477 of 2017. The applicant is stated to be on bail in six cases in Case Crime Nos. 323 of 2017, 722 of 2015, 99 of 2016, 860 of 2015, 445 of 2016, 142 of 2015. In the present case, the applicant was implicated in the year 2015. The applicant had no prior criminal history at the time of implication in this case. He has been subsequently implicated in number of cases. The applicant is languishing in jail since 11.8.2017. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs.

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State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Vikash Rai involved in the aforesaid 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 with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 21.8.2018 Ruchi Agrahari

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?

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