Vivek Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14684 of 2023 Applicant :- Vivek Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Arunendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Arunendra Nath Mishra, the learned counsel for the applicant, Sri Abhishek Kumar Singh, the learned State Law Officer appearing for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 889 of 2023, under Sections 419,420,467,468,471,120-B I.P.C. and Sections 6/9 of U.P. Public Examination Act registered at Police Station Kotwali, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.10.2023 alleging that in PET examination, the co-accused was appearing in place of the applicant.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. He has no criminal history.

¶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 the applicant is a young man having no previous criminal history and he is languishing in jail since 29.10.2023 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-Vivek Kumar 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. Order Date :- 13.12.2023 Shravan High Court of Judicature at Allahabad, Lucknow Bench