Vikas Vs State of U.P.

Neutral Citation No. - 2025:AHC:119617

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20679 of 2025

Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Prateek Srivastava, holding brief of Sri Abhay Mishra, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 57 of 2025, under Sections 115(2), 352, 351(3), 118(1), 110 of BNS, Police Station Hazratnagar Garhi, District Sambhal, during the pendency of trial.

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As per prosecution story, applicant along with his wife and uncle had assaulted his father and brother with lathi, danda and some sharp edged weapon on 29.04.2025 at about 6:30 a.m. causing grievous injuries to his father.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR.

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Learned counsel has further stated that the injured person has sustained three injuries and only one injury was kept under observation and the said injury was found to be simple in nature as no fracture was observed by the radiologist. It is a clear cut case of false implication. The FIR is delayed by about five hours and there is no explanation of the said delay caused.

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There is no criminal history of the applicant. The applicant is languishing in jail since 30.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Vikas , who is involved in aforementioned 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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i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant shall appear before the trial court on the date fixed.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 22.7.2025 Sumit S

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(Justice Krishan Pahal)

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Vikas v. State of U.P.

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Vikas v. State of U.P.

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