Allowance of bail application filed by Vikas Jaiswal in a U Ps Court case involving offences under Sections 366, 511, and 354(A) IPC, referencing Satendra Kumar Antil Vs. C.B.I.
Release on bail with personal bond and two sureties, subject to conditions against tampering and further crime.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41335 of 2022
Applicant :- Vikas Jaiswal @ Mitti Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Singh,Ravindra Kumar Tripathi Counsel for Opposite Party :- G.A.,Sudhir Kumar (Chandraul)
Hon'ble Deepak Verma,J.
Counter affidavit filed today on behalf of the informant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Vikas Jaiswal @ Mitti with a prayer to release him on bail in Case Crime No.80 of 2022, under Sections 366, 511, 354(A) I.P.C., P.S. Shahganj, District Prayagraj during pendency of the trial.
It is alleged in the FIR that on 01.07.2022 at about 10.10 p.m. when informant was coming back from railway station and when she reached near Sameera Hotel, a Car No.U.P.70 FQ 4849 in which three persons were sitting, picked her hand, then she shouted, her sister Neha came to rescue her, all accused persons escaped from the spot leaving the car on the spot. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is not named in the FIR and he is not owner of the vehicle. His name surfaced in the statement of one independent witness Shahbe Alam. Applicant has no concerned with the alleged incident and no identification parade has been conducted by the Investigating Officer. Criminal history of the applicant has been explained in Para 17 of the bail application.There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 24.08.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail prayer of the applicant. Learned counsel for the informant has argued that applicant was accompanied with co-accused and present in the alleged car.
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 without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Vikas Jaiswal @ Bitti, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.12.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.12.19 10:34:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Vikas Jaiswal is entitled to release on bail in the current case?
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I.Referred¶11
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Vikas Jaiswal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
