Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47421 of 2018 Applicant :- Vikas Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vikas Singh seeking bail in Case Crime No. 619 of 2016, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307, 342, 427, 436, 336, 325 IPC, and 7 Criminal Law Amendment Act and 3 Prevention of Public Property Damages Act P.S. Shahpur, District Gorakhpur.
Learned counsel for the applicant has submitted that the F.I.R. was lodged on 13.10.2016 against 12 named and 125 unnamed prisoners of Jail Prison Gorakhpur. It is further submitted by learned counsel for the applicant that it is alleged that all the accused persons who were inside the jail had caused injuries to Bandi Rakshak on account of death of one prisoner Surajbhan on 12.10.2016. The applicant was neither involved in any such offence as alleged in the FI.R. nor he is named in the F.I.R. Learned counsel for the applicant has next submitted that similarly placed co-accused, Sandeep Yadav has already been granted bail by this Court, in Criminal Misc. Bail Application No. 44840 of 2016 vide order dated 21.12.2016. Learned counsel for the applicant has next submitted that the applicant is in jail since 18.10.2016. The police report has already been submitted in the present case and the chance of trial being concluded in near future is very bleak due to heavy dockets.
It is lastly submitted that the applicant is in jail since 18.10.2016 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial. The criminal history of the applicant has been explained in paragraph 15 of the affidavit and paragraph 3 of the Supplementary affidavit.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Vikas Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.1.2019 R