Vikas Singh v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14644 of 2023 Applicant :- Vikas Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajay Kumar Singh, the learned counsel for the applicant, Sri Arpit Kumar, the 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.442 of 2022, under Sections 489 (A), 489 (B), 489 (C), 489 (D) I.P.C., registered at Police Station Madiyon, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.08.2023 against five persons, including the applicant alleging that on the basis of an information received from a mukhbir, three persons including the applicant were apprehended and some fake currency notes were recovered from each of them. It is alleged that 240 fake currency notes of denomination of Rs.500/- were recovered from the applicant.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is a 19 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. Two co-accused persons have already been granted bail in the present case including the co-accused Vikas Dubey, who was arrested along with the applicant and 200 fake currency notes were recovered from him.

¶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 there is no independent witness of the alleged recovery; that a similarly situated co-accused person has already been granted bail by this court; that the applicant is a young man having no previous criminal history and he is languishing in jail since 28.08.2023 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-Vikas 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 :- 13.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench