Vimal Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. -15 Case :-CRIMINAL MISC. BAIL APPLICATION No. -13313 of 2024 Applicant :-Vimal Kumar Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :-Manoj Kumar Singh,Anoop Kumar Mishra,Gyanendra Kumar Misra,Kunwar Prithvi Tomar Counsel for Opposite Party :-G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.222 of 2024, under Sections 109, 126(2), 309(5) & 3(5) of BNS, Police Station Mahanagar, District Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is not named in the First Information Report. The name of the applicant came into light in the confessional statement of the co-accused. He added that recovery of weapon has been made from the possession of co-accused, namely, Sarvesh Yadav and, as such, the role of the present applicant is distinguishable from other accused persons. He also added that no article is taken away as is an admitted fact. He also added that the chargesheet has been filed in this case, therefore, there is no possibility that the applicant would tamper the evidences and he is languishing in jail since21.09.2024 having no criminal history to his credit. He next added that the applicant undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is the main accused as he by way of impersonation, has committed cheat and fraud and as such, he is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the applicant is not named in the FIR; the applicant's name came into light in the confessional statement of co-accused; the weapon is recovered from the possession of the co-accused, as such the case of the present applicant is distinguishable; chargesheet has been filed, as such there is no possibility that the applicant will tamper the evidences; the applicant has no previous criminal history and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Vimal Kumar involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

(1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial;

(2) 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. He 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;

(3) 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.; and

(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 20.12.2024 kkv/ High Court of Judicature at Allahabad, Lucknow Bench