Allowed

Vikas v. State of U.P.

Allahabad HC13 May 2022BAIL/14926/2022

Case brief

AI extract

What is this about?

This bail application was allowed. The applicant, Vikas, was sought to be released on bail in a case punishable under Sections 458, 395, 506, and 412 IPC. The court found that the applicant had made out a case given the nature of evidence and complicity, releasing him on personal bond and sureties with conditions.

What did the court decide?

The applicant was ordered to be released on bail upon furnishing a personal bond and two sureties each in the like amount, subject to four specific conditions.

Vikas Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14926 of 2022

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Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir,Rahul Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Pawan Singh Pundir, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant- Vikas with a prayer to release him on bail in Case Crime No.336 of 2021, under Sections 458, 395, 506 and 412 I.P.C., Police Station- Doghat, DistrictBaghpat during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant along with other unknown co-accused have been implicated in the present case. A false recovery of Rs.3000/- has been planted against the applicant and the said recovery was shown after one week. There is no independent witness in the recovery. Co-accused- Naresh @ Kathi has already been released on bail by this Court in Criminal Misc. Bail Application No.2891 of 2022 vide order dated 8.2.2022. Accordingly, the applicant is also entitled for bail on the ground of parity. The two cases criminal history of the applicant have been satisfactorily explained in paragraph nos.3 and 4 of the supplementary affidavit, in which he has been released on bail and the bail orders have been annexed as Annexure Nos.1 and 2 to the supplementary affidavit. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since .

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am 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 involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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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 :- 13.5.2022 Rameez

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Digitally signed by RAMEEZ AHMED Date: 2022.05.13 17:27:21 IST Reason: Location: High Court of Judicature at Allahabad

Vikas v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikas v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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