Allahabad High Court
Vikas Alias Vikka vs State Of U.P. on 6 July, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16101 of 2020 Applicant :- Vikas Alias Vikka Opposite Party :- State of U.P. Counsel for Applicant :- Pashali Slolanki,A.K. Singh Solanki Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant, Vikas Alias Vikka, in Case Crime No. 162 of 2017, under Sections- 147, 148, 149, 302 and 307 IPC, Police Station- Mant, District- Mathura,, with the prayer to enlarge him on bail.
Learned counsel for the applicant argued that the similarly placed placed accused, Satyaveer Singh, has been enlarged on bail in this very case crime number, vide order, dated 27.2.2020, passe in Criminal Misc. bail Application No.7862 of 2020, whereas, accusation against the present accused-applicatnt is of lesser degree than above accused, who has already been granted bail by this Court. Applicant is of no criminal antecedent and is languishing in Jail in this very case crime number since 30.5.2017. Eight persons have been assigned role of giving fire arm shot over the deceased and injured, but no specific role of applicant is there. There is no recovery of any incriminating material from the applicant or upon his pointing out. Hence, bail, during trial, has been prayed for. There is no likelihood of fleeing from course of justice or tampering with evidence.
Learned A.G.A has opposed the prayer for grant of bail to the applicant but could not oppose the fact of grant of bail to similarly placed accused, Satyaveer Singh, as above, by this Court.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let the applicant- Vikas Alias Vikka, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
Order Date :- 6.7.2020 bgs/