Allahabad High Court
Vikas Kumar Yadav vs State Of U.P. on 12 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29152 of 2022 Applicant :- Vikas Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
Heard SriKamlesh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.66 of 2022, under Section 419, 420 of IPC, Police Station-Shakti Nagar, District-Sonbhadra.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Counsel for the applicant states that the applicant appeared in examination of PST & PET for the post of Constable and on 28.05.2022 he appeared for written examination and cleared successfully but photo and finger print of the applicant had not matched with the biometric data machine. Non-matching of photo and fingerprint with bio-metric data-machine is not the fault of the applicant. It is fault of machine. No prima-facie case is made out against the applicant under Sections 419, 420 I.P.C. Applicant is young man and have future to rise. The applicant is not a previous convict. Learned counsel for the applicant further submits that co-accused, namely, Rakesh Kumar Yadav has already been enlarged on bail by another co-ordinate Bench of this court, vide order dated 09.09.2022 in Criminal Misc. Bail Application No.29131 of 2022. Copy of the bail application of the co-accused has been produced by the counsel for the applicant during course of the argument. The case of the present accused stands on better footing than that of the co-accused. He further submits that on the ground of parity the applicant is entitled to be released on bail. He submitted that the applicant is languishing in jail since 29.05.2022 and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Having heard the submissions of learned counsel of both sides, keeping in view the fact that other co-accused has already been granted bail, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant - Vikas Kumar Yadav be released on bail in the aforesaid case crime 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.
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 :- 12.9.2022 SK Goswami