Vikas Mittal Vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7863 of 2024

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Vikas Mittal

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	Versus		.....A	pplicant(s)
State of U.P. and Another			..	...Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashutosh Pratap Sin : G.A.	Pratap gh	Singh,	Lokendra

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Court No. - 70

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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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 present application has been moved seeking anticipatory bail in Complaint Case No.29882 of 2022, under Section 406 I.P.C., Police Station Uttar, District Firozabad with the prayer that in the event of arrest, applicant may be released on bail.

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Vide order dated 22.08.2024 co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant after calling counter and rejoinder affidavits .

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Learned counsel for the applicant argued that there is no credible evidence against the applicant and that the applicant has been falsely implicated in the present case. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail but could not dispute the D.N.A. report.

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In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to

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ABAIL No. 7863 of 2024

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flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant Vikas Mittal involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :-

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i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on each and every date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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September 23, 2025 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Vikas Mittal v. State of U.P. and Another

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