Vikas Singh Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Vikas Singh Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Vikas Singh to be released on bail in Case Crime No. 305 of 2022 on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to conditions: (1) not tamper with prosecution evidence during trial; (2) not influence any witness; (3) appear before the trial Court on dates fixed unless exempted; (4) 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 or any police officer or tamper with the evidence. On breach of any condition, the prosecution may apply to this Court for cancellation of bail.

Issue for consideration

Whether the applicant Vikas Singh should be enlarged on bail in Case Crime No. 305 of 2022 under Sections 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Lalpur/Pandeypur, District Varanasi. +1 more

Ratio / Principle

Considering the entire facts and circumstances, submissions of counsel, nature of evidence and attending circumstances, and without expressing any opinion on merits, the Court held that the applicant has made out a case for bail and allowed the bail application, directing release on furnishing a personal bond and two sureties subject to stated conditions.

Detailed headnote1 paragraphs

Bail granted — CRIMINAL MISC. BAIL APPLICATION No. 21653 of 2023 (Allahabad High Court, Mayank Kumar Jain, J., order dated 2.6.2023) — Case Crime No. 305 of 2022 under Sections 3(1), U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Lalpur/Pandeypur, District Varanasi — gang chart showed one case against applicant, in which he was already on bail; criminal history explained in para 8 of the bail application; applicant in jail since 20.6.2022 — State opposed but did not dispute the aforesaid aspects — Court, without expressing any opinion on merits, found the applicant had made out a case for bail and allowed the application — release ordered on personal bond and two sureties with conditions against tampering with evidence, influencing witnesses, absence from trial, and inducement/threat/promise; breach open to prosecution to seek cancellation.

Neutral Citation No. - 2023:AHC:123588

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21653 of 2023

Applicant :- Vikas Singh Opposite Party :- State of U.P. Counsel for Applicant :- R P Rajan,Prabha Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed on behalf of applicant in Case Crime No. 305 of 2022, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Lalpur/Pandeypur, District Varanasi with the prayer to enlarge the applicant on bail.

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further submitted that in gang chart, one case has been shown against applicant, in which, he is already on bail, copy of which has been annexed as annexure-3 to the bail application. Apart from it, criminal history of the applicant has been explained in paragraph No. 8 to the bail application. It is further submitted that applicant is languishing in jail since 20.6.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, 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 Singh in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the

satisfaction of court concerned subject to the following conditions:

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

(2). The applicant will not influence any witness.

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

(4). 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.

In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

Order Date :- 2.6.2023 SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad