Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31795 of 2018 Applicant :- Vikas Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava,Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the F.I.R. of the incident was lodged under Sections 147, 148, 341, 352, 504, 506, 392 and 307 I.P.C. at police station-Colonelganj against six persons including applicant, in which specific allegation of firing and loot has been made against co- accused Shany @ Harsh. No specific role has been assigned to the applicant. He next submitted that initially the F.I.R. was lodged against the applicant at police station-Civil Lines in different sections, thereafter it was transferred to Colonalganj. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to political rivalry. He also submitted that the applicant has already been granted bail by this Court in different section vide orders dated 8.8.2018 passed in Criminal Misc. Bail Application Nos. 19537 of 2018, 19538 of 2018, 19543 of 2018, 19551 of 2018, 19644 of 2018 and 19649 of 2018, copy of the bail orders has been filed as Annexure-SA1 to the supplementary affidavit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 11.8.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Vikas Rai involved in Case Crime No. 477 of 2017, under Sections 147, 148, 341, 352, 504, 506, 392 and 307 I.P.C., P.S. Civil Lines, district- Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 21.8.2018 Faridul