Vishal Vikram Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 12894 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4690 of 2023
 
Applicant :- Vishal Vikram Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.
 
Counsel for Applicant :- Amit Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

Learned counsel for the applicant submits that the co-accused namely Utkarsh Kumar has been enlarged on bail by the Coordinate Bench of this Court vide judgment and order dated 21.03.2023 passed in bail No. 3850 of 2023.

Learned counsel for the applicant further submits that role assigned to the applicant is similar to that of the co-accused Utkarsh Kumar who has been enlarged on bail. The applicant has no criminal history, he is innocent and he has been falsely implicated. The alleged recovery of motorcycle shown by the police from the applicant is false.

Learned counsel for the applicant claims parity with the order of the co-accused Utkarsh Singh.

The applicant has no criminal history and he is languishing in jail since 12.02.2023.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Considering the facts and circumstances of the case, and also considering the fact that the applicant is languishing in jail since 12.02.2021, he has no criminal history and the co-accused Utkarsh Singh has been enlarged on bail who has assigned the similar role, I find it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed.

Let the applicant, Vishal Vikram Singh, involved in Case Crime No. 21 of 2023, under Sections 386 and 411 IPC, Police Station - Musafirkhana, District - Amethi, 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 with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

Order Date :- 26.4.2023

R.C.