Allowed

Vikas Kumar v. State of U.P.

Allahabad HC21 Sept 2020BAIL/15476/2020

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a second bail application pending two years of remand. Citing the Coronavirus pandemic and uncertainty in trial court functioning, the court enlarged the applicant on bail with conditions, distinguishing the merits of the case while noting evidence of witness complicity.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties; differential conditions applied during and after the pandemic lockdown period.

Vikas Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15476 of 2020

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Applicant :- Vikas Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Order on Crl. Misc. Exemption Application

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The exemption application is allowed.

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Order on Crl. Misc. Bail Application

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Supplementary affidavit filed is taken on record.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard Sri Rakesh Dubey, learned counsel for the applicant through Video Conferencing.

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This is second bail application of the applicant.

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The first bail application of the applicant was rejected by this court by the order dated 19.07.2019 and the trial court was directed to conclude the trial against the applicant within period of one year from the date of production of certified copy of this order.

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Counsel for the applicant has submitted that before the trial court P.W.-1, Hargobind @ Matru, P.W.-2, Beena wife of Hargobind, P.W.-3, Pooja Tiwari daughter of Hargobind Tiwari, P.W.-4, Dr. Rohit Sachan, P.W.-5, Dr. Salabh Mohan and P.W.6, Constable Mohita Verma, have been examined by the trial court but the trial has not been concluded. The applicant is in jail since 12.03.2017. In view of the spread of novel corona virus and uncertainty about the functioning of the trial court the applicant may be enlarged on bail.

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Learned counsel for the applicant has further submitted that deceased mother of the P.W.-1 had 20 bights of land in her name and she was inclined to give the land in her name to the members of her parental home. His wife P.W.-2, Smt. Beena,

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brought his mother to his house with the help of police where she was done to death. The applicant was residing in his house and studying in government polytechnics. He has admitted in his cross examination that his wife can only tell about the correct manner of the incident. Learned counsel for the applicant has also pointed out to the statement of P.W.-2 wherein she has admitted that after the incident she went to her village. The land of 20 bights got transferred in her husband's name and she has admitted that her object was fulfilled. Learned counsel for the applicant has pointed the applicant was planted in this case falsely. The murder of the deceased was committed by some other persons in connivance with P.W.-2 but he has been falsely implicated in this case.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Vikas Kumar , in Case Crime No. 195 of 2017, under Sections- 307 and 302 IPC, Police StationAuraiya, District- Auraiya, 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 following conditions. Further, before issuing the release order, the sureties be verified.

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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 the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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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Order Date :- 21.9.2020 Rohit

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.09.21 16:53:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Vikas Kumar v. State of U.P.

Case brief

What is this about?

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Vikas Kumar v. State of U.P.

Case brief

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