Allowed¶18

Vijay Alias Deva v. State of U.P.

Allahabad HC24 Apr 2025BAIL/6173/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail granted September 15, 2025; Criminal Misc. Bail Application 6173 of 2025; applicant Vijay Alias Deva; Case Crime No. 340 of 2024, PS Kankarkhera, District Meerut; Sections 147, 148, 149, 323, 325, 307, 504, 506 IPC; hostile/resiling prosecution witnesses PW-1 and PW-2; no criminal history; custody since 05.06.2024; Krishan Pahal J.; personal bond with two sureties; conditions on evidence tampering, witness intimidation and trial attendance; observations not to influence trial court; State Law Officer R.P. Patel unable to dispute submissions.

What did the court decide?

Bail application allowed; applicant Vijay alias Deva ordered released on bail on furnishing a personal bond and two sureties each in the like amount, subject to verification of sureties and the stated conditions, breach whereof to be a ground for cancellation.

Vijay Alias Deva vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Vijay Alias Deva, involved in Case Crime No. 340 of 2024 (PS Kankarkhera, District Meerut) under Sections 147, 148, 149, 323, 325, 307, 504, 506 IPC, should be released on bail during the pendency of trial.

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Ratio / Principle

Taking into consideration the fact that prosecution witnesses PW-1 and PW-2 have not supported the prosecution story, the Court finds it a fit case to release the applicant on bail and allows the bail application.

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Key takeaways

The applicant Vijay alias Deva is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to verification of sureties and conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.ratio¶18
The 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.obiter¶23

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 67; Krishan Pahal, J.), order dated September 15, 2025, allowed Criminal Misc. Bail Application No. 6173 of 2025 filed by Vijay Alias Deva seeking bail during pendency of trial in Case Crime No. 340 of 2024, Police Station Kankarkhera, District Meerut, under Sections 147, 148, 149, 323, 325, 307, 504, 506 IPC. Counsel argued that trial witnesses PW-1 and PW-2 had resiled from their earlier statements and been declared hostile and cross-examined, leaving no likelihood of conviction, and that the applicant had no criminal history and was in custody since 05.06.2024; the State Law Officer opposed but was unable to dispute these submissions. Finding that PW-1 and PW-2 had not supported the prosecution story, the Court held it a fit case for bail and directed release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to verification of sureties and conditions barring tampering with evidence, pressurising/intimidation of prosecution witnesses and failure to appear before the trial court on fixed dates, breach to constitute ground for cancellation; observations made in granting bail were expressly stated not to affect the trial Judge's independent opinion based on witness testimony.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 6173 of 2025

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Vijay Alias Deva

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.....Applicant(s)

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Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Vivek Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised.

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Heard Sri Vivek Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record.

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Applicant seeks bail in Case Crime No. 340 of 2024, under Sections 147, 148, 149, 323, 325, 307, 504, 506 IPC, Police Station Kankarkhera, District Meerut, during the pendency of trial.

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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. It is next stated that PW-1 and PW-2 have been examined in the court during trial and they have completely resiled from their earlier statements and have been crossexamined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case.

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There is no criminal history of the applicant. The applicant is languishing in jail since 05.06.2024 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 State Law Officer 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

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BAIL No. 6173 of 2025

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criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that PW-1 and PW-2 have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Vijay alias Deva , 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.

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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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(Krishan Pahal,J.)

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September 15, 2025

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Sumit S

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

Vijay Alias Deva v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vijay Alias Deva v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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