Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48916 of 2018 Applicant :- Vikas Kumar Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Applicant has claimed his innocence on various counts, prime being that the applicant is admittedly an associate and he is not directly involved in the crime. He is stated to have arranged/managed another person namely - Sher for copying through device in the examination being attended by examinee - Suchita Devi daughter of Jagdamba Prasad. He claims that his case is distinguishable from that of Suchita Devi and Sher. The applicant does not bear any previous criminal history and is languishing in jail since 20.11.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for bail, however, he has not disputed the claim that FIR version mentions the applicant to be nephew of Suchita Devi and he arranged one person namely Sher for doing the needful for Suchita Devi.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Vikas Kumar Bind involved in Case Crime No. 385 of 2018, under Sections - 420 I.P.C., 3/9 U.P. Public Examination Act, 66-D Information Technology (Amendment) Act 2008, Police Station - Gopiganj, District - Bhadohi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that advantage of this bail order shall not go to the other co-accused of this case.
Order Date :- 19.12.2018 S Rawat