Vikas Kashyap v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42884 of 2023 Applicant :- Vikas Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Vardhan Shastri Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Harsh Vardhan Shastri, learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.782 of 2022, under Sections 392, 411 I.P.C., Police Station Kotwali City, District Bijnor, during the pendency of trial.

¶4As per prosecution case, the FIR was instituted against unknown person regarding the robbery of golden chain of the daughter-in-law of the informant on 28.10.2022 at about 09:30 a.m.

¶5Learned counsel for the applicant has argued that the applicant has been falsely implicated in this case. The applicant is not named in the FIR. Learned counsel has stated that the applicant was arrested in Case Crime No.311 of 2022 and a false recovery was foisted on him. It is also stated in the said confessional statement that the applicant was also involved in the present case. Learned counsel has further stated that except the said confessional statement of the applicant, there is no evidence against him. The criminal history of eight cases assigned to the applicant stands explained in paragraph-17 of the affidavit filed with the bail application and the copy of bail orders has been annexed as Annexure No.5 to the affidavit, except one case under the Gangster Act in which the applicant is yet to apply for bail.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 14.11.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

¶9Let the applicant-Vikas Kashyap, who is involved in aforementioned case crime 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 evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 28.10.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad