Vikas Singh vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:47481

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6817 of 2025

Applicant :- Vikas Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Counter affidavit filed today on behalf of the State is taken on record.

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This is the second bail application. First Bail Application bearing Criminal Misc. Bail Application No.3999 of 2017 was rejected for want of prosecution vide order dated 13.09.2021.

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This court vide order dated 06.08.2025, passed the following order :-

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"Learned A.G.A. prays for and is granted one week and no more time to seek complete instructions in the matter.

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List this case on 13.08.2025 as fresh."

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In the counter the present position of the trial has not been stated.

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Heard Ms Anamika Singh, learned counsel for the applicant, Shri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.

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The present application has been filed on behalf of the applicant seeking bail in Case Crime No.0345/2013, under Sections 302, 120-B I.P.C., Police Station - Kandhai, DistrictPratapgarh.

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While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case. Learned counsel for the applicant further submitted that there are 25 prosecution witnesses to be examined before the trial court and till date even single witness has not been examined in spite of the fact that the applicant is in jail since 11.06.2014 and the period of incarceration would come to more than 11 years. Learned counsel for the applicant thus submitted that the applicant is

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entitled for bail on this ground alone. Learned counsel for the applicant has placed reliance upon the judgment of Hon'ble Apex Court in the case of Paras Ram Vishnoi Vs. The Director, Central Bureau of Investigation, Criminal Appeal No.693 of 2021 arising out of SLP (Crl.) No.3610 of 2020 and Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 695.

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Learned counsel for the applicant has also submitted that coaccused Ashutosh Singh @ Monu Singh and Satish Singh have already been enlarged on bail vide orders dated 26.11.2018 and 04.01.2019, passed in Bail Application No.1494 of 2018 and Bail Application No. 9874 of 2016 respectively. In these circumstances of the case, the applicant is entitled to be released on bail.

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Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents, the ground of parity and also the criminal history of the applicant explained in para 22 of the application and the principle related to the same according to which on the ground of criminal history bail should not be denied and also considering the period of applicant in jail i.e. more than 11 years and without going into the merits of the case, this court is of the view that the application has substance and it is accordingly, allowed.

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Let the applicant - Vikas Singh be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) The applicant shall not directly or indirectly make any

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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 to any police officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions 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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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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Order Date :- 13.8.2025

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Vikas Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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