VIJAY PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO
BAIL/3326/2025 · 2025-06-12
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134765 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134765 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35500 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3326 of 2025 Applicant :- Vijay Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Vijay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed by the accused- applicant seeking bail in Case Crime No. 432 of 2019, under Sections 419, 420, 467, 468, 471, & 409 IPC, registered at Police Station Gauriganj, District Amethi. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He does not have a criminal antecedent prior to the lodging of present case as well as two other cases of identical nature. He also submitted that charge-sheet has already been filed. He is in jail since
11.01.2025. Till today charge has not been framed. There is no possibility of conclusion of trial in near future and he also submitted that co-accused - Vivek Chandra Trivedi has already been enlarged on bail by this Court vide order dated 23.05.2024 passed in Criminal Misc. Bail Application No. 3345 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused - Vivek Chandra Trivedi has already been granted bail by this Court. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused - Vivek Chandra Trivedi, ground of parity as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail. 6.
Let applicant - Vijay Prakash be released on bail in
aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/269 BNS. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/209 BNS. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. With above directions, the bail application is allowed.
Order Date :- 12.6.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench