Allowed

Vikas Soni @ Vikas Verma v. State of U.P.

Allahabad HC13 Feb 2023BAIL/53589/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case involving IPC sections 312, 323, 354, and 376. The court relied on the victim's hostile statement and the applicant's claim of false implication to allow the bail application.

What did the court decide?

Applicant released on bail on a personal bond and two sureties subject to conditions prohibiting tampering with evidence and ensuring attendance in court.

Vikas Soni @ Vikas Verma Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53589 of 2022

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Applicant :- Vikas Soni @ Vikas Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Ganesh Kumar, learned counsel for the applicant and the learned AGA for the State and perused the record.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The statement of victim was recorded under Section 161 and 164 Cr.P.C. in which she has stated that the physical relation was developed by the applicant on false assurance of marriage. The victim has appeared before the trial Court as P.W.2 where she denied the allegations of FIR and as such, she had become hostile. It is further submitted that there is no criminal history of the applicant and it is a case of false implication. Lastly, it is submitted that the applicant is in jail since 19.7.2022 and if released on bail, he will not misuse the liberty of bail.

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On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact.

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Considering the submission of learned counsel for the parties, facts of the case that the victim has become hostile, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the 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.

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Let applicant- Vikas Soni @ Vikas Verma be released on bail in Case Crime No.95 of 2022, under Sections 312, 323, 354, 376 I.P.C., Police Station Sonha, District Basti on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in

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any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 13.2.2023

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P.P.

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Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Vikas Soni @ Vikas Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikas Soni @ Vikas Verma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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