Single Judge of Allahabad High Court allowed bail application by Vikas Rastogi charged with theft, cheating, and forgery. Court imposed standard bail conditions regarding trial attendance and witness tampering.
Released on bail on executing personal bond and furnishing two sureties with specific conditions.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37628 of 2022
Applicant :- Vikas Rastogi Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Vikas Rastogi, who is involved in Case Crime No. 200/2022, under Sections 41, 411, 413, 420, 467, 468, 471 of IPC, Police Station- Kotwali Hata, District - Kushi Nagar and is in jail since 13.05.2022, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case.He further submits that the applicant was not arrested on the spot and his name was disclosed by the accused person. He further submits that the specific role of theft of motor cycles was assigned to the co-accused Ankush Rai and no role was assigned against the applicant. He further submits that no public witness of the alleged recovery memo was there. It is submitted by learned counsel for the applicant that there is no criminal history against the applicant. It is further submitted that similarly placed co-accused, Ajay Vishwakarma , has already been enlarged on bail by this Court by order dated 21.09.2022 passed in Criminal Misc. Bail Application No.42199 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused, Ajay Vishwakarma, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 13.05.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it
to be fit case for granting bail.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 13.10.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.10.13 16:38:12 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant charged with theft and cheating offences pending trial.
Whether the application warrants enlargement on bail given the allegations and co-accused bail history.
Colour shows how this judgement treated each authority
Ajay Vishwakarma Bail ApplicationReferred¶7
Criminal Misc. Bail Application No.42199 of 2022
1 provisions across 1 enactments
Vikas Rastogi
Gajendra Kumar
As recorded by the court registry
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