Vijay Singh @ Vijay Bahadur Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home, U.P. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13308 of 2023 Applicant :- Vijay Singh @ Vijay Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, U.P. Lucknow Counsel for Applicant :- Raj Narayan Singh,Shiv Sharan Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Raj Narayan Singh, learned counsel for the applicant, Sri Arpit Kumar, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 572 of 2022, under Sections 120-B, 406, 419, 420, 467, 468, 471 and 506 I.P.C., registered at Police Station Thakurganj, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.10.2022 against six persons, including the applicant and another person alleging that the informant had paid Rs.8,00,000/- to co-accused Anand Kumar Yadav for securing employment in forest department but neither he was appointed nor was his money refunded.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. The applicant's involvement in two other cases has been disclosed in paras 6 and 7 of the affidavit, and in both of which his name has been expunged by the Investigating Officer.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that from the F.I.R. allegations, it appears that it is the informant himself who tried to secure employment by payment of money and the F.I.R. has been lodged after having remained unsuccessful in his endeavour; that the applicant has no previous criminal history and he is languishing in jail since 03.04.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Vijay Singh @ Vijay Bahadur Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 8.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench