Allowed

Vikki @ Vikash v. State of U.P.

Allahabad HC10 Apr 2023BAIL/9283/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application 9283 of 2023 arising from Case Crime No. 0418 of 2022 involving Sections 147, 148, 323, 324, 452, 354A, 352, 307, 338, 504, 506, 325, and 326 IPC. The applicant, Vikki @ Vikash, sought bail citing innocence, cross versions, co-accused bail, and lack of prior record. The court applied Satendra Kumar Antil principles and allowed the bail prayer subject to conditions.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties, subject to conditions of conduct and cooperation.

Vikki @ Vikash Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9283 of 2023

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Applicant :- Vikki @ Vikash Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh Counsel for Opposite Party :- G.A.,Shams Uz Zaman

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Hon'ble Deepak Verma,J.

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List revised. Learned counsel for the first informant is not present.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.0418 of 2022, under Sections 147, 148, 323, 324, 452, 354 Kha, 352, 307, 338, 504, 506, 325 & 326 I.P.C., Police Station Singhawali Ahir, District Baghpat, during pendency of the trial.

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It is alleged in the F.I.R. that 18 named accused persons including applicant, entered into the house of the first informant; used abusive language and beaten his family members with intention to kill them as well as torn the clothes of one Ms. Rajkumari.

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Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per F.I.R., general role of mar-peet has been assigned to the applicant. There is cross version of the incident. Both the sides have received injuries. Learned counsel for the applicant next submitted that co-accused Shubham, Naveen and Neeraj have been granted bail by the Co-ordinate Bench of this Court vide orders dated 17.02.2023, 02.03.2023 and 17.03.2023 passed in Crl. Misc. Bail Application Nos. 2704 of 2023, 7777 of 2023 and 8037 of 2023, respectively. He further submits that since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Applicant has no previous criminal antecedent. The applicant is languishing in jail since 26.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. opposed the bail prayer of the applicant.

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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.

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Let the applicant, Vikki @ Vikash, 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.

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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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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 :- 10.4.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Vikki @ Vikash v. State of U.P.

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Vikki @ Vikash v. State of U.P.

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