Vijay Kumar Singh v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38662 of 2023 Applicant :- Vijay Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mudit Agnihotri, Harishchandra Yadav Counsel for Opposite Party :- G.A.,Kumar Ashutosh Srivastava, Nagendra Bahadur Singh Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, learned A.G.A. for the State and Sri Nagendra Bahadur Singh, counsel for the informant. Perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 718 of 2021, under Sections 406, 419, 420, 467, 468, 471, 120B I.P.C., and Section 66D Information Technology Act, Police Station-Kotwali, District-Deoria during pendency of the trial.

¶3Counsel for the applicant submits that the applicant being the father of Kalpjeet Singh has been falsely implicated in the instant case. The money was transferred in the personal account of Kalpjeet Singh. The applicant has no concern with the alleged transaction. The applicant is not the beneficiary of the illicit transaction. No amount has been transferred in the account of the applicant. Prior to the instant case the applicant was involved in Case Crime No. 549 of 2021, under Sections 323, 452, 504, 506 I.P.C., P.S. Kotwali, District Deoria. The applicant is in jail since

29.4.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that no amount has been credited in the account of the applicant. The applicant is not the beneficiary of the illicit transaction. Further the applicant has presently remained confined for more than five months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Vijay Kumar Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.10.2023 S.S. High Court of Judicature at Allahabad