Vicky Charles Vs State of U.P.

Neutral Citation No. - 2025:AHC:71637

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13753 of 2025

Applicant :- Vicky Charles Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Deepak Singh, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 156 of 2024, under Sections 329(4), 61(2), 111(2)Kha, 111(3), 3(5) B.N.S. and Section 3/5 of The Prevention of Damage to Public Property Act, Police Station Kotwali, District Kanpur Nagar during pendency of the trial.

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Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with several others including co-accused Sandeep Shukla @ Bauwan, Jitesh Jha and Ali Abbas and all the above accused persons have been released on bail by this Court and their bail order have been annexed as Annexure-8 to the affidavit and on facts, case of applicant is at par with them.

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He further submits, however, apart from the present case applicant is having criminal history of two other cases but in both the cases applicant has been made accused after the present case and he was not having any previous criminal history.

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He further submits, in the present matter applicant is in jail since 02.09.2024 i.e. for last more than eight months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Sandeep Shukla @ Bauwan, Jitesh Jha and Ali Abbas have already been released on bail by this Court with detailed order and on facts case of applicant is at par with them. Learned AGA further could not dispute the fact that in the present matter applicant is in jail since 02.09.2024.

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I have heard learned counsel for the parties and perused the record of the case.

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However, applicant has been made accused in the present matter along with several others and he has also challaned for offence of organized crime but it reflects, co-accused Sandeep Shukla @ Bauwan, Jitesh Jha and Ali Abbas have already been released on bail by this Court with a very detailed order and on facts, case of applicant is at par with them.

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Further, however, it reflects, apart from the present case applicant is having criminal history of two cases but in these case he has been made accused after the involvement in the present matter and applicant was not having any previous criminal history.

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Further, in the present matter applicant is in jail since 02.09.2024 i.e. for last more than eight months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Vicky Charles be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail

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application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 5.5.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Vicky Charles v. State of U.P.

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