Vikas Rajpoot v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44114 of 2023 Applicant :- Vikas Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Sanjay Mishra, learned counsel for the applicant and Sri O.P. Singh, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 176 of 2023, under Sections 392 & 411 of I.P.C., Police Station-Civil Line, District-Etawah, during the pendency of trial.

¶4As per prosecution story, some other persons had been stated to rob the mother of the informant on 31.07.2023 at about 07:50 AM, wherereby snatching her gold chain.

¶5Learned counsel for the applicant has stated that he has not named in the FIR and he has been falsely implicated in the present case. He further stated that there is a false recovery of gold chain has been made from him. There is one criminal history against the applicant in which he has already been granted bail by court below. He has nothing to do with the said offence as alleged in the FIR. The applicant is languishing in jail since 01.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Per contra, learned A.G.A. and learned counsel for the informant have has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, 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.

¶8Let the applicant-Vikas Rajpoot involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in 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 pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

¶9In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶10Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶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 on the testimony of the witnesses. Order Date :- 28.10.2023 Mohini (Krishan Pahal, J.) High Court of Judicature at Allahabad