Allowed

Vikram @ Vicky v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC17 Oct 2024/10858/2024

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court granted bail to the applicant after the primary prosecution witness declared hostility and a co-accused was granted bail by a coordinate bench, noting the previous bail rejection was based on that witness's recorded statement.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to specific conditions of presence and undertaking not to seek adjournments.

Vikram @ Vicky Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10858 of 2024

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Applicant :- Vikram @ Vicky Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

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Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the applicant and Shri Sanjay Kumar, learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant Vikram @ Vicky with a prayer to enlarge him on bail in Crime No.79 of 2023, under Section 326-A, 34 IPC., Police Station - Gomti Nagar, District Lucknow.

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The first bail application was rejected after considering the statement of Vikas Verma, wherein it was found that he had supported the prosecution case under Section 161 Cr.P.C. However, before the trial Court Akash Verma-PW1 has been declared hostile and he has not supported the prosecution case. He has deposed before the Court that he was not given any information of his brother Vikas Verma and he did not support the prosecution case against the applicant in cross examination. Learned counsel submitted that the other co-accused namely Deepak has already been granted bail by coordinate Bench of this Court on 20.09.2024 in Criminal Misc. Bail Application No.2389 of 2024. The applicant is languishing in jail since 30.01.2023. Learned AGA opposed the prayer for bail but could not dispute the fact that PW1 Vikas Verma has been declared hostile and co-accused Deepak has been granted bail.

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Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and looking into the fact that PW-1 Vikas Verma has not supported the prosecution case and has become hostile and the coaccused Deepak has been granted bail by this Court therefore, I am of the opinion that the applicant is entitled to be released on bail.

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Let the applicant, Vikram @ Vicky, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) 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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial 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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(iv) 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 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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Order Date :- 17.10.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Vikram @ Vicky v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Vikram @ Vicky v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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