Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23933 of 2019 Applicant :- Vikki Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanand Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Vikki Singh, who is involved in Case Crime No. 84 of 2019, under Sections 420/467/468/471/506/120B/34 I.P.C. and under Section -18/19 and 20 of Transplantation of Human Organs Act, 1984, Police Station- Barra, District- Kanpur Nagar.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. Learned counsel for the applicant has submitted that the main accused whose name found placed in the first information report, namely, T. Raj Kumar Rao @ Raju Rao, has been released on bail and the other co-accused, namely, Gaurav, who was being tried and whose name was mentioned by the main accused T. Raj Kumar Rao @ Raju Rao, has also been released on bail vide order dated 29.5.2019 passed in Criminal Misc. Bail Application No. 22630 of 2019. Shailesh Saxena also a co-accused was released on bail vide order dated 14.6.2019 passed in Criminal Misc. Bail Application No. 23343 of 2019 and Shamshad Ali, was released on bail vide order dated 18.6.2019 passed in Criminal Misc. Bail Application No. 24453 of 2019. It is lastly submitted that the applicant is in jail since 17.2.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail, However, he does not dispute the fact that similarly placed co-accused have been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail.
Let the applicant, Vikki Singh, be released on bail in Case Crime No. 84 of 2019, under Sections 420/467/468/471/506/120B/34 I.P.C. and under Section -18/19 and 20 of Transplantation of Human Organs Act, 1984, Police Station- Barra, District- Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court and will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 praveen.