Allahabad High Court
Vikesh Urf V.K. vs State Of U.P. on 19 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34218 of 2022 Applicant :- Vikesh Urf V.K. Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Shiv Sharan Tripathi, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 235 of 2022, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Gabhana, District Aligarh.
3.The gang-chart mentions the involvement of the applicant in three Cases (i) Case Crime No. 141 of 2022, under Sections 395, 412, 342 IPC, Police Station Gabhana, District Aligarh and (ii) Case Crime No. 142 of 2022, under Section 306 IPC, Police Station Gabhana, District Aligarh , in which the applicant has already been released on bail by means of an orders dated 05.09.2022 and 19.07.2022 passed by this Court in Criminal Misc. Bail Applications No. 29180 of 2022 and 27641 of 2022.
4.The learned counsel for the applicant has further stated that the other co-accused person Naresh has already been granted bail by this court vide order dated 15.09.2022 passed in Criminal Misc. Bail Application No. 40881 of 2022.
5.It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.
6.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 15.05.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.
8.Having regard to the aforesaid facts and submissions and particularly the fact that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail; that the applicant is languishing in jail since 15.05.2022 and that the applicant has no previous criminal history, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
9.Let the applicant - Vikesh Urf V.K. be released on bail inCase Crime No. 235 of 2022, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Gabhana, District Aligarh on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 19.9.2022 Ashish Pd.