Allowed

Vikas Yadav @ Vijay Yadav v. State of U.P.

Allahabad HC10 Nov 2022BAIL/34199/2022

Case brief

AI extract

What is this about?

Single judge bail application allowed applicant Vikas Yadav's prayer for release pending trial in a case involving rioting, destruction of public property, and assault on police, granting bail subject to personal bond and sureties.

What did the court decide?

Release of applicant on personal bond and two reliable sureties subject to conditions regarding court appearance and non-influence of witnesses.

Vikas Yadav @ Vijay Yadav Vs State of U.P. — Public Procurement and Tenders | Allahabad HC (2022)

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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34199 of 2022 Applicant :- Vikas Yadav @ Vijay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Dhirendra Kumar Srivastava, the learned counsel for the applicant, Sri Manu Raj Singh, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 212 of 2022, under Sections 146, 147, 148, 149, 323, 504, 506, 332, 353, 307 I.P.C. read with Section 3/4 Prevention of Damages of of Public Property Act and Section 7 Criminal Law Amendment Act, P.S. Alinagar, District Chandauli.

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3.The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police against five named accused persons including the applicant and 200 unknown unnamed persons stating that the accused persons had damaged the public properties at the railway station and when the police persons tried to apprehend the miscreants, the accused persons persons exhorted all others to kill the police personnel as they were creating obstacles in the agitation and the miscreants attacked the police personnel with iron rods and sticks causing injuries to some police personnel.

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4.The learned counsel for the applicant has submitted that the co-accused Adarsh Singh @ Nilesh, Vikas Kumar, Harendra Yadav, Joshi, Mahesh Kumar Pal have already been granted bail by means of orders dated 05.09.2022, 16.06.2022, 10.08.2022, 10.08.2021, 06.08.2021 passed by this Court in Criminal Misc. Bail Applications No.34417 of 2022, 34719 of 2022, 33533 of 2022, 33552 of 2022, 33077 of 2022 respectively.

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5.It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.

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6.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal

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history and he is in jail since 20.06.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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8.Having considered the aforesaid facts and submissions and keeping in view the fact that the general allegations levelled against all the accused persons and several of the co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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9.Let the applicant - Vikas Yadav @ Vijay Yadav be released on bail in Case Crime No. 212 of 2022, under Sections 146, 147, 148, 149, 323, 504, 506, 332, 353, 307 I.P.C. read with Section 3/4 Prevention of Damages of of Public Property Act and Section 7 Criminal Law Amendment Act, P.S. Alinagar, District Chandauli on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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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10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 10.11.2022/Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.11.14 18:30:42 IST Reason: Location: High Court of Judicature at Allahabad

Vikas Yadav @ Vijay Yadav v. State of U.P.

Case brief

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Vikas Yadav @ Vijay Yadav v. State of U.P.

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