Vikki @ Vikas Vs State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40892 of 2020

Applicant :- Vikki @ Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Shiv Prakash, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant Vikki @ Vikas with a prayer to release him in Case Crime No.372 of 2019, under sections 366, 376-D I.P.C., Police Station Pilkhua, District Hapur during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The victim is a married lady having two years baby. He further submitted that victim solemnized marriage with Sandeep and living with him. He next submitted that applicant is not named in the FIR. Victim stated in her statement that co-accused Sunil has told the name of applicant. Learned counsel for the applicant submitted that co-accused Sunil has been granted bail by this Court in Criminal Misc.Bail Application No.57472 of 2019 on 20.12.2019. He further submitted that victim gone with the applicant by bus but she did not raise any alarm. Learned counsel for the applicant next submitted that victim was not enticed by the applicant nor committed any sexual offence with her. Victim had dispute with her husband and the case is pending in the lower court. She left her parental house on her own sweet will with co-accused Sunil. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 27.08.2020.

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Per contra, learned A.G.A. oppose the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and

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without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, 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 Vikki @ Vikas , who is involved in Case Crime No.372 of 2019, under sections 366, 376-D I.P.C., Police Station Pilkhua, District Hapur, be released on bail on his furnishing a personal bond and two local 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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The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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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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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Order Date :- 2.12.2020 SKD

Vikki @ Vikas v. State of U.P.

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Vikki @ Vikas v. State of U.P.

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