Allahabad High Court
Vikas vs State Of U.P. on 31 October, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:192276
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35838 of 2025
Vikas
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Pushpendra Kumar, Ramdhan
Counsel for Opposite Party(s)
:
G.A.
Court No. - 46
HON'BLE SIDDHARTH, J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This is the second bail application. The first bail application of the applicant was rejected by this court vide order dated 29.4.2025There are allegations against the applicant in the FIR of causing dowry death of his wife.
Learned counsel for the applicant submits that two prosecution witnesses have been examined,thereafter witnesses are not turning up before the trial court.Four persons have were implicated and two have been exonerated by the police. Fate of the trial is uncertain.The applicant is in jail since 16.6.2023 and has no criminal history to his credit.
On the other hand learned A.G.A has pointed out 12 stab wounds caused to the deceased. He has submitted that injury of indicative of brutal murder.
After considering the rival submissions, this court finds that four prosecution witness have been examined and two have been exonerated. Four prosecution witnesses have been examined out of 20 prosecution witnesses.Trial will take time.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant,Vikas , involved in Case Crime No.292 of 2023 , under Section-302 IPC, Police Station- Iglas, District- Aligarh, 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.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C. (new Section 346 B.N.S.S.).
(Siddharth,J.)
October 31, 2025
Atul kr. sri.
