Allowed

Viky @ Vikash v. State of U.P. and Another

Allahabad HC19 Jun 2023CRLA/3324/2023

Case brief

AI extract

What is this about?

Appeal against bail rejection in a case involving sexual offences and crimes under SC/ST Act. The Appellate Bench noted investigation was complete, no further custodial interrogation was needed, and a co-accused was on bail. The appeal was allowed, releasing the appellant on bail.

What did the court decide?

Impugned bail order dated 13.2.2023 set aside and appellant released on personal bond and two sureties.

Viky @ Vikash Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:127347

¶2

Court No. - 48

¶3

Case :- CRIMINAL APPEAL No. - 3324 of 2023

¶4

Appellant :- Viky @ Vikash Respondent :- State of U.P. and Another Counsel for Appellant :- Anand Ji Mishra,Kaushal Kumar Pandey,Sunil Kumar Saroj Counsel for Respondent :- G.A.

¶5

Hon'ble Vinod Diwakar,J.

¶6

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

¶7

The instant appeal has been filed by the appellant with a prayer to set aside the order dated 13.2.2023 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Meerut in Bail Application No.1246 of 2023 (Viky @ Vikas Vs. State of U.P.), arising out of Case Crime No.447 of 2022, under Sections 376D, 506 I.P.C. and 3(2)(V) of SC/ST Act, P.S. Inchauli, District Meerut, and to release the appellant on bail during pendency of the trial.

¶8

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case at the behest of the complainant with ulterior motives. He further submits that there are general allegations against the accusedappellant and the charge-sheet has already been filed on 21.1.2023. He further submits that the victim is aged about 50 years old lady, who is 13 years older to the appellant. He further submits that the co-accused, who has been assigned the similar role, has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 26.4.2023 passed in Criminal Appeal No.2037 of 2023. He further submits that the appellant has no previous criminal history to his credit and he is languishing in jail since 15.12.2022. If he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶9

Per contra, learned A.G.A. has opposed the prayer for bail, but has not disputed the aforesaid facts.

¶10

Having heard learned counsel for the parties and on perusal of records, it transpires that the investigation has already been

¶11

completed, and the police has filed charge-sheet against the appellant on 21.1.2023; the appellant is not required for further custodial interrogation in this case, and it will take sufficient long time for completion of trial, no purpose would be served by keeping the appellant in jail during pendency of the trial. Moreover, the co-accused, who has been assigned the similar role, has already been enlarged on bail.

¶12

In view of the above facts and circumstances, the impugned order dated 13.2.2023 is set aside. Accordingly, the instant appeal is allowed.

¶13

Let the appellant, Viky @ Vikash, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

¶14

i. The appellant shall not tamper with the evidence and shall cooperate with the police as required.

¶15

ii. The appellant shall refrain from pressurizing the witnesses during the trial.

¶16

iii. The appellant shall cooperate in the trial sincerely without seeking any adjournment.

¶17

In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

¶18

Observations made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

¶19

Order Date :- 19.6.2023 Anil K. Sharma

¶20

Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Viky @ Vikash v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Viky @ Vikash v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar Vs State of U.P. and 32 Others

Asarfi Devi Vs State of U.P. and 3 Others

Anubhav Kumar Srivastava and 2 Others Vs Phool Chand and 5 Others

Ritesh and Another Vs State of U.P. and 8 Others

Ravindar Kumar Vs State of U.P.

Reshma @ Roshani Vs State of U.P. and Another