Vikas Singh v. State of U.P

Court No. -77 Case :-CRIMINAL MISC. BAIL APPLICATION No. -50815 of 2023 Applicant :-Vikas Singh Opposite Party :-State of U.P. Counsel for Applicant :-Anil Kumar Pandey Counsel for Opposite Party :-G.A. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. The present application for bail has been filed seeking bail in Case Crime No. 648 of 2023, under Section 307, IPC and section 3/25 Arms Act, Police Station Kotwali Nagar, District Banda. Learned counsel for the accused-applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motive. It is also submitted that as per first information report the applicant shot fire on informant, however, no gun shot injury was found on the body of the injured. It is further submitted that as per statement of Dr. Shiv Kumar which is annexed by supplementary affidavit who stated in his statement under section 161 Cr.P.C. that medical report was prepared in the register as accidental case and he was advised for X-ray, a crush fracture are found in second and third fingers of left foot, no opinion about gun shot injury was found. Dr. Krishna Kumar who also stated in his radiology report under section 161 Cr.P.C. that he cannot said by which weapon the injuries were caused. It is submitted that only one case has been shown against the accused-applicant, in which he has already been enlarged on bail. Copy of bail order is annexed as annexure no.6 to the affidavit filed in support of supplementary affidavit. The applicant is languishing in jail since 19.08.2023 having no previous criminal history and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. On the other hand, learned AGA has opposed the prayer for bail, but could not controvert the aforesaid submission of learned counsel for the applicant. Considering the facts and circumstances of the case and taking into account that as per the first information report the applicant shot fire on informant, however, no gun shot injury was found on the body of the injured and injuries do not corroborate the first information report version and there is nothing on record that injuries sustained by injured by fire arm, applicant is languishing in jail since 19.08.2023 having no previous criminal history and undertakes that in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail. Let applicant Vikas Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 28.11.2023 Vikram High Court of Judicature at Allahabad