Vikas Kumar Maurya v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15317 of 2023 Applicant :- Vikas Kumar Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Awadhesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Awadhesh Kumar Singh, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 987 of 2023, under Section 307, 323, 504, 506 I.P.C., registered at Police Station Kotwali Nagar, District Gonda.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 15.11.2023 against four persons, including the applicant, stating that the accused persons had beaten up the informant and her family members with sticks, kicks, fists and slaps at 09:30 am on 15.11.2023.

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

¶5A copy of civil suit pending between the parties regarding a property dispute has been annexed with the affidavit.

¶6A supplementary affidavit has been filed annexing therewith copies of injury reports of all the three injured persons and all the injuries suffered by the injured person are simple in nature.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a26 years old persons having no criminal history and he is languishing in jail since 25.11.2023 and without making any observations 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.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Vikas Kumar Maurya 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 the 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 :- 22.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench