Allowed¶8

Vikky v. State of U.P.

Allahabad HC30 Sept 2020BAIL/30158/2020

Case brief

AI extract

What is this about?

Bail granted; U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 S. 2/3; Case Crime No. 240 of 2020; P.S. Daurala, District Meerut; applicant Vikky; four prior cases with bail per Gang Chart; custody since 17.5.2020; conditions invoking S. 229-A IPC, S. 174-A IPC, S. 82 Cr.P.C., S. 313 Cr.P.C.; short-term bail under Supreme Court committee; High Court of Judicature at Allahabad; Justice Neeraj Tiwari; order dated 30.9.2020; CRIMINAL MISC. BAIL APPLICATION No. 30158 of 2020.

What did the court decide?

Applicant Vikky released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the enumerated conditions; certified copy of the bail order available on the official website of the High Court to be submitted before the court concerned. ¶8

Vikky Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Vikky, involved in Case Crime No. 240 of 2020 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Daurala, District Meerut, should be released on bail.

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Court's answer

Bail granted to the applicant considering the facts and circumstances of the case and the material on record, without expressing any opinion on the merits of the case.

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Ratio / Principle

Applicant Vikky to be released on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.

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Key takeaways

Bail made subject to conditions (including no tampering with prosecution evidence or intimidation of witnesses, sincere cooperation in trial without adjournments, no criminal activity after release, and presence before the trial court on fixed dates including personally on opening of case, framing of charge and recording of statement under Section 313 Cr.P.C.), and breach of any condition shall be a ground for cancellation of bail.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Neeraj Tiwari, J.) allowed Criminal Misc. Bail Application No. 30158 of 2020 and directed release of applicant Vikky, involved in Case Crime No. 240 of 2020 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Daurala, District Meerut, on furnishing a personal bond and two local sureties each of the like amount, expressly without expressing any opinion on the merits. Counsel submitted that the four cases shown against the applicant in the Gang Chart had resulted in bail, copies annexed as Annexures3; the applicant, in jail since 17.5.2020, undertook not to misuse the liberty. Learned A.G.A. opposed but could not dispute the facts. Bail conditioned on: no tampering with prosecution evidence or intimidation/pressurization of witnesses; sincere cooperation in trial without seeking adjournment; no criminal activity after release; presence before the trial court on each date, personally or through counsel, failing which action under Section 229-A IPC; proceedings under Section 174-A IPC if the applicant fails to appear after proclamation under Section 82 Cr.P.C.; personal presence on dates of opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; and bail effective only after expiry of any short-term bail granted under the Supreme Court committee orders. Breach of any condition to be a ground for cancellation of bail.

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30158 of 2020

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Applicant :- Vikky Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that four cases have been shown against the applicant in the Gang Chart and in the said cases, the applicant has been granted bail, copies of the bail orders have been annexed as Annexures3 to the affidavit filed in support of bail application. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 17.5.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Vikky , involved in Case Crime No. 240 of 2020, under Section- 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Daurala, District- Meerut be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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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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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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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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 :- 30.9.2020

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Junaid

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Digitally signed by Justice Neeraj Tiwari Date: 2020.09.30 17:13:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Vikky v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikky v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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