Vidyakant Vishwakarma v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43175 of 2023 Applicant :- Vidyakant Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Counter affidavit filed on behalf of the State is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.737 of 2018, under Section 2/3 UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Karchana, District Prayagraj, during the pendency of trial.

¶3It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of three cases shown in the gang chart in which the applicant has been enlarged on bail which has been explained in paragraph-8 of the affidavit filed in support of the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. There is no independent witness against him. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 05.11.2018. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5From perusal of the progress report of the case till date only three witnesses could be examined by the prosecution. The charge-sheet was submitted on 03.08.2018 while the charges were framed after four years on 25.08.2022 which shows that the trial court or the presiding officer has not dealt with this case properly.

¶6Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶7Let the applicant - Vidyakant Vishwakarma, involved in the aforesaid 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In 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 :- 28.11.2023 Shahroz High Court of Judicature at Allahabad