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

Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6999 of 2024 Applicant :- Vikas Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

¶2It is submitted that applicant has been falsely implicated in this case on the basis of one case as shown in the gang chart, in which, he has already been granted bail by this Court on

27.04.2024 in Criminal Misc. Bail Application No.4436 of 2024. There is no other criminal history against the applicant except this case. Applicant is languishing in jail since

10.05.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the case shown in the gang chart.

¶3Learned A.G.A. opposed the prayer for bail but he did not dispute this fact that in the case mentioned in the gang charge, applicant has been released on bail.

¶4Considering the nature of offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶5Let the applicant Vikas Kumar involved in Case Crime No. 208 of 2024, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Mankapur, District Gonda be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶6In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 27.6.2024 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench