Allowed

Vikki @ Vijay Sharma v. State of U.P.

Allahabad HC12 Dec 2022BAIL/47788/2022

Case brief

AI extract

What is this about?

This Court allowed a bail application filed by Vikki @ Vijay Sharma under the U.P. Gangster and Antisocial Activities Act. Relying on the principle that similarly situated co-accused were already granted bail and that the applicant is on bail in substantive offences, the court held the applicant entitled to bail in the trial case.

What did the court decide?

Released on bail upon executing personal bond and furnishing two sureties in like amount subject to specified conditions.

Vikki @ Vijay Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47788 of 2022

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Applicant :- Vikki @ Vijay Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Supplementary affidavit filed today is taken on record.

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A copy of bail order dated 14.11.2022 relating to Soniya passed by coordinate bench of this Court in Criminal Misc. Bail Application No. 49470 of 2022 has been produced by learned counsel for the applicant, which is also taken on record.

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Heard Shri Vinod Kumar Tripathi, learned counsel for the applicant, Sri Sunil Kumar Tripathi, 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 @ Vijay Sharma, with a prayer to release him on bail in Case Crime No. 435 of 2022, under Sections 2/3 of U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station- T.P. Nagar, District- Meerut during pendency of trial.

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The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in the five substantive offences mentioned in the gang chart annexed as Annexure No. 2 to the affidavit. It is next argued that the applicant has been admitted to bail in all the substantive offences. Relevant bail orders passed by the court below have been annexed as Annexure No.3 to the affidavit filed in support of the bail application. It has also been stated that apart from the case shown in the gang chart, the applicant has eight other cases as criminal history which has been explained in para two of the supplementary affidavit. It is further submitted that co-accused Soniya, identically circumstanced as the applicant, has been enlarged on bail by a co-ordinate bench of this Court vide order dated 14.11.2022 passed in Criminal Misc. Bail Application No.49470 of 2022 entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 23.08.2022 and in case he is released on bail he will not misuse

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the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not deny the submissions advanced by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that the applicant is on bail in the substantive offences, the fact that other similarly situate co-accused, has already been enlarged on bail, and taking note of Section 19(4)(b) of the Gangsters Act, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Vikki @ Vijay Sharma, involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

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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 before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313

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Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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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Order Date :- 12.12.2022 Pratima

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Digitally signed by PRATIMA AGRAHARI Date: 2022.12.12 17:02:20 IST Reason: Location: High Court of Judicature at Allahabad

Vikki @ Vijay Sharma v. State of U.P.

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Vikki @ Vijay Sharma v. State of U.P.

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